Which Property Cannot Be Transferred?

Can a right to sue be transferred?

A mere right to sue, as for instance, in respect of damages for breach of contract, or for tort, cannot be transferred.

The object of the prohibition is to prevent gambling in litigation.

Moreover, a right to sue is personal to the party aggrieved..

What are the essential features of Transfer of Property Act?

The consideration or object of the transfer must be lawful. No transfer can be made for an unlawful object or consideration as provided in Section 23 of the Indian Contract Act, 1872. 6. The transfer must not be opposed to the nature of the interest effected thereby.

Can a mortgage of real property Act land be transferred?

In every instrument, transferring an estate or interest in land under the provisions of this Act, subject to mortgage, charge or covenant charge, there shall be implied the following covenant by the transferee, that is to say, that such transferee will pay the interest, or annuity, or rent-charge secured by such …

Can my neighbor use my easement?

Your neighbor, the owner of the land upon which the easement is located, can’t legally do anything to interfere with your use of the easement to access your property. However, the landowner can do whatever he wishes with his land, including using your easement, as long as he doesn’t interfere with your use.

Who is competent to transfer the property?

Every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in the manner, allowed and prescribed …

What property may be transferred and what property Cannot be transferred?

Stipends related to Military, Naval, Air Forces, Civil Prisoners, government pensions, etc are personal rights and cannot be transferred. General rule of Transfer of Property is that property of any kind can be transferred from one person to another.

How do I transfer my house from father to son?

Transfer of Property from a Father to his only Son ( assuming that this Property is self acquired & that your biological mother is alive & has no objection to such transfer) during the Father’s lifetime is best done through a Gift Deed duly stamped & executed.

What are the 3 types of property?

In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property).

Is it bad to have a drainage easement on your property?

A drainage easement may have a negative impact on property value if it severely restricts the use of the property, but that generally occurs only on smaller parcels in which the easement makes up a good deal of the yard area.

Which properties can be transferred under the Transfer of Property Act 1882?

The Transfer of Property Act defines a transfer as an “act by which a living person conveys property, in present or in future, to one or more living person or to himself and one or more other living persons”[1] The TPA governs five types of transfers i.e. sale, mortgage, lease, exchange and gift of immovable property …

How can immovable property be transferred?

Transfer of immovable property may happen only in certain ways. They can either be through sale, mortgagee, lease, and gifts or through actionable claims. These are modes of transfer. Contract of sale of immovable property is basically a contract, which states terms for the permanent transfer of property.

Can easement be transferred?

A Transfer granting easement over own land form 01TO is used for the creation of an easement where the dominant tenement and the servient tenement are held by the same registered proprietor. For: … a transfer granting an easement to let down surface, see Baalman And Wells, Land Titles Office Practice, Lawbook Co.

Is stamp duty payable on transfer of property?

Stamp duty is charged on the instruments used in the transfer of property – that is, on the conveyance documents that transfer ownership of the property. … It is also payable on non-residential property, that is, land or housing sites without residential buildings – see Rates below.

Can you remove an easement from your property?

The two land owners can agree to remove the easement, or the dominant land owner can release the servient land owner from the easement. If the dominant land owner has not used the easement for at least 20 years, the servient land owner can apply to the Registrar General to remove the easement.

Can future property be transferred?

Every person, who is competent to contract, is competent to transfer property, which can be transferred in whole or in part. … The right may be either absolute or conditional, and the property may be movable or immovable, present or future.

What is Property in Transfer of Property Act?

It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. It came into force on 1 July 1882. According to the Act, ‘transfer of property’ means an act by which a person conveys the property to one or more persons, or himself and one or more other persons.

What are the modes of transfer of property?

There are various modes of transferring ownership of property: permanently by 1) relinquishment 2) sale 3) gift; and temporarily by way of 4) mortgage 5) lease and, 6) leave and license agreement.

What are the 4 property rights?

This attribute has four broad components and is often referred to as a bundle of rights: the right to use the good. the right to earn income from the good. the right to transfer the good to others, alter it, abandon it, or destroy it (the right to ownership cessation)

What is vested interest in transfer of property?

Vested interest is when an interest in a property is transferred in favour of a person without specifying the time or a specific condition. Such interest must vest in the person on happening of an event which is bound to happen.