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Under the Transfer of Property Act, 1882 which one of the following properties may be transferred?
Question

Under the Transfer of Property Act, 1882 which one of the following properties may be transferred?

A.

An easementary right from the dominant heritage

B.

Mere right to sue

C.

Right to future maintenance

D.

Actionable claim

Correct option is D

Under Section 6 of the Transfer of Property Act, 1882, certain kinds of property cannot be transferred. These include easementary rights, mere rights to sue, and rights to future maintenance. However, actionable claims can be transferred, as provided under Section 130 of the Act.

Information Booster:

An actionable claim refers to a claim for any debt or beneficial interest that can be enforced through a Civil Court. It is considered transferable under Section 130, which outlines the formalities for transferring such claims. This makes it the correct option among the choices provided.

Additional Information:

  1. Option (a): An easementary right allows one property (dominant tenement) to benefit from another (servient tenement). This right cannot be transferred under Section 6(a), as it is considered personal to the property.
  2. Option (b): The right to sue is a personal right that cannot be transferred under Section 6(e). It involves seeking redress in Court and cannot be sold or assigned to others.
  3. Option (c): A right to future maintenance is non-transferable under Section 6(dd), as it is a personal right meant to provide financial support for the future, making it impossible to transfer.

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