ES 'सम्पत्ति के अन्तरण' से आप क्या समझते हैं ? क्या कोई ऐसी सम्पत्तियाँ हैं, जिनका अन्तरण नहीं हो सकता ?

 

Understanding 'Transfer of Property'

The term ‘Transfer of Property’ refers to the act of legally transferring ownership, rights, or interests in property from one person to another. It is governed by the Transfer of Property Act, 1882 (TPA) in India.

Definition (Section 5, TPA, 1882)

• Transfer of Property means an act by which a living person conveys property to one or more other living persons, or to himself and one or more other persons.
• "Living person" includes individuals, companies, and associations but does not include a transfer by inheritance.

Modes of Transfer:

✔ Sale (Section 54) – Absolute transfer of ownership for a price.

✔ Mortgage (Section 58) – Transfer of an interest as security for a loan.

✔ Lease (Section 105) – Transfer of possession for a specific time in exchange for rent.

✔ Gift (Section 122) – Transfer of ownership voluntarily without consideration.

✔ Exchange (Section 118) – Mutual transfer of ownership between two parties.

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Properties That Cannot Be Transferred (Section 6, TPA, 1882)

Certain types of property cannot be transferred under the law. These include:

1. Spes Successionis (Chance of Inheritance) – Section 6(a)

• A mere expectation of inheriting property from an ancestor cannot be transferred.
• Example: A son cannot sell his father’s property before his father’s death.

2. Right of Re-entry – Section 6(b)

• A landlord’s right to re-enter leased property upon breach of conditions cannot be transferred.

3. Easement Rights – Section 6(d)

• An easement (right of way, right to light) cannot be transferred separately from the land.
• Example: A person cannot sell their right to use a neighbor’s pathway.

4. Personal Service Contracts – Section 6(d)

• A right to future wages or personal skills/services cannot be transferred.
• Example: A singer cannot sell their obligation to perform at a concert to another person.

5. Public Office and Salary – Section 6(e)

• A government position and its salary cannot be sold or transferred.
• Example: A judge cannot transfer their judicial office to another person.

6. Stipends and Pensions – Section 6(e)

• Pensions, military stipends, and maintenance allowances are non-transferable.
• Example: A retired soldier’s pension cannot be sold to another person.

7. Right to Sue – Section 6(e)

• A right to file a lawsuit for personal damages cannot be transferred.
• Example: A person injured in an accident cannot transfer their right to sue the responsible party.

8. Religious and Public Charitable Trust Property

• Property dedicated to religious or public charities cannot be transferred for personal use.
• Example: A temple's land cannot be sold for private development.

9. Transfer Opposed to Public Policy

• Any transfer that violates morality, law, or public interest is prohibited.
• Example: Selling property to commit illegal activities (e.g., gambling dens).

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Conclusion

The Transfer of Property Act, 1882, allows the transfer of ownership and rights, but certain non-transferable properties are restricted under Section 6 to protect legal, public, and moral interests.