ES "प्रत्येक प्रकार की सम्पत्ति का अन्तरण किया जा सकता है सिर्फ कुछ अपवादों को छोड़कर।" उपरोक्त सामान्य नियम के कौन-कौन से अपवाद हैं? "

 Under the Transfer of Property Act, 1882, the general rule is that any kind of property can be transferred. However, there are certain exceptions where the transfer of property is either restricted or prohibited. These exceptions are mentioned under Sections 6 and 10-12 of the Act. The main exceptions to the general rule of transferability are:

1. Spes Successionis (Mere chance of succession) - Section 6(a)

• The mere chance of inheriting property (such as an heir apparent’s expectation) cannot be transferred.
• Example: A son cannot sell his father’s property while the father is still alive, as he only has an expectation of inheritance.

2. Right of Re-entry - Section 6(b)

• A right of re-entry (a right reserved by the owner to retake possession of land upon breach of condition) cannot be transferred to another person.
• Example: If a lease agreement has a clause that the landlord can re-enter if rent is unpaid, the landlord cannot transfer this right separately.

3. Easements - Section 6(c)

• An easement right (a right to use someone else’s land for a specific purpose, such as a right of way) cannot be transferred independently of the dominant property.
• Example: A person who has a right of way over a neighbor’s land cannot sell this right separately.

4. Right to Future Maintenance - Section 6(d)

• A right to receive maintenance cannot be transferred as it is a personal right.
• Example: A widow entitled to maintenance from her deceased husband's estate cannot transfer this right to another person.

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

• A public office and the salary attached to it cannot be transferred.
• Example: A government officer cannot sell his job or transfer his salary entitlement to another person.

6. Stipends and Pensions - Section 6(e)

• Stipends and pensions granted by the government, military, or civil authorities cannot be transferred.
• Example: A freedom fighter pension or a military pension cannot be sold or assigned.

7. Nature of the Interest (Personal rights) - Section 6(g)

• A tenant having an unassignable lease or a person having a life estate cannot transfer their interest.
• Example: If a lease agreement prohibits subletting, the tenant cannot transfer the lease.

8. Right to Sue (Personal Action Claims)

• The right to sue for damages or for breach of contract cannot be transferred.
• Example: If A is injured in an accident, he cannot transfer his right to sue for compensation to another person.

9. Illegal and Unlawful Transfers

• Property cannot be transferred if:
  • It is opposed to public policy.
  • It involves illegal consideration.
  • It is forbidden by law.
• Example: Selling government land or smuggled goods is prohibited.

10. Transfer of Property Contrary to Nature

• Property whose transfer is restricted by the terms of the ownership or law cannot be transferred.
• Example: Property held under a trust for a specific purpose cannot be sold beyond the permitted use.

Conclusion

Although the general rule is that any property can be transferred, these exceptions restrict certain types of property from being transferred in order to protect legal rights, public policy, and personal interests.