Looking to transfer a property? Property transfer is a complicated process and one shall be aware of the laws and practices. Additionally, one should know what kind of properties can be transferred and what kind of properties can not be transferred. Find out in this document.

1. What kind of properties can be transferred and what
kind of properties that cannot be transferred
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What are the kinds of properties that can be transferred
and what are the kinds of properties that cannot be
transferred?
Property that can be transferred:
Section 6 of the Transfer of Property Act (“the Act”) specifies that property of any kind may be
transferred, except as otherwise provided by the Act or by any other law in force. Depending on the
type of property to be transferred, transfer of property would include:
 When the property is land:
o The easements annexed thereto;
o The rents and profits thereof accruing after the transfer; and
o All things attached to the earth.
 Where the property is a house
a. The easements annexed thereto;
b. The rent thereof accruing after the transfer;
c. The locks, keys, bars, doors, windows; and
d. All other things provided for permanent use therewith.
 Where the property is a debt or other actionable claim, the securities therefore (except where
they are also for other debts or claims not transferred to the transferee), but not arrears of
interest accrued before the transfer.
NOTE: Actionable claim is defined as a claim to any debt, other than a debt secured by mortgage of
immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in
movable property not in the possession, either actual or constructive, of the claimant, which the Civil
Courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent,
accruing, conditional or contingent.
 Where the property is money or other property yielding income, the interest or income thereof
accruing after the transfer takes effect.

2. What kind of properties can be transferred and what
kind of properties that cannot be transferred
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Property which cannot be transferred:
Section 6 specifically provides for the properties which cannot be transferred under the provisions of
the Act. The same are as follows:
 The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a
legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be
transferred.
 A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone
except the owner of the property affected thereby.
 An easement cannot be transferred apart from the dominant heritage.
 An interest in property restricted in its enjoyment to the owner personally cannot be transferred
by him.
 A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be
transferred.
 A mere right to sue cannot be transferred.
 A public office cannot be transferred, nor can the salary of a public officer, whether before or
after it has become payable.
 Stipends allowed to military, naval, air-force and civil pensioners of the government and political
pensions cannot be transferred.
 No transfer can be made (1) insofar as it is opposed to the nature of the interest affected
thereby, or (2) for an unlawful object or consideration within the meaning of Section 23 of the
Indian Contract Act, 1872 (9 of 1872), or (3) to a person legally disqualified to be transferee.
 Nothing in this section shall be deemed to authorize a tenant having an un-transferable right of
occupancy, the farmer of an estate in respect of which default has been made in paying
revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his
interest as such tenant, farmer or lessee.
According to Section 8 of the Act, the transfer of property passes to the transferee all the interest the
transferor is capable of passing.

3. What kind of properties can be transferred and what
kind of properties that cannot be transferred
Aggregated and Prepared by: www.nirrtigo.com
Green Realtech Projects Pvt. Ltd
Real Estate Projects India | User Ratings & Reviews | Common Cause | Discussions | Research Page
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