ES अनुयोज्य दावे के अन्तरण से आप क्या समझते हैं? अनुयोज्य दावों के अंतरिती के क्या दायित्व हैं?

 

Transfer of Actionable Claims

Meaning of Actionable Claims

An actionable claim is a legal right to claim a debt or any other movable property that is not in possession of the claimant but can be recovered through legal action. It is governed by Section 3 of the Transfer of Property Act, 1882.

Examples of Actionable Claims

✔ Unsecured debts (e.g., money lent without collateral).

✔ Rights under an insurance policy.

✔ Money due from a contract (e.g., arrears of rent or royalty).

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Transfer of Actionable Claims (Section 130, TPA, 1882)

• An actionable claim can be transferred either absolutely (complete transfer) or conditionally (subject to conditions).
• The transfer must be in writing, signed by the transferor, and does not require consideration.
• Once transferred, the transferee (new owner) steps into the shoes of the transferor and can legally enforce the claim.

Modes of Transfer

1. Assignment: The claimant assigns his right to another person.
2. Endorsement: Some actionable claims (like negotiable instruments) can be transferred through endorsement.

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Liabilities of the Transferee of Actionable Claims

A transferee of an actionable claim assumes the following liabilities:

1. Subject to Original Defenses (Section 132, TPA)

• The transferee cannot get a better title than the transferor.
• If the claim was void or illegal, the transferee cannot enforce it.
• Example: If A assigns an unenforceable debt to B, B cannot claim it from the debtor.

2. No Implied Warranty (Section 133, TPA)

• The transferor is not responsible for ensuring that the claim is legally enforceable unless explicitly stated in the contract.
• Example: If A sells a bad debt to B, A is not responsible if B cannot recover it.

3. Obligation to Notify the Debtor (Section 131, TPA)

• The transferee must give notice to the debtor to ensure future payments are made to him instead of the original creditor.
• Example: If X assigns a loan due from Y to Z, Z must inform Y to pay him instead of X.

4. Right to Sue in Own Name

• Once transferred, the transferee has full rights to enforce the claim without needing the transferor's assistance.

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Conclusion

The transfer of actionable claims allows debts and contractual rights to be legally assigned to another person. However, the transferee assumes risks, such as the validity of the claim and the defenses available to the debtor.