Section 6 The Transfer of Property Act, 1882


Section 6 The Transfer of Property Act, 1882: 

What may be transferred.—Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force,—

(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred;

(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby;

(c) An easement cannot be transferred apart from the dominant heritage;

(d) All interest in property restricted in its enjoyment to the owner personally cannot be transferred by him; 1[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred;]

(e) A mere right to sue 2 cannot be transferred;

(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable;

(g) Stipends allowed to military 3[naval], 4[air-force] and civil pensioners of the 5[Government] and political pensions cannot be transferred;

(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) 6[for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872)], or (3) to a person legally disqualified to be transferee; 7[(i) Nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.]

Supreme Court of India Important Judgments And Leading Case Law Related to Section 6 The Transfer of Property Act, 1882: 

West Bengal Govt. Employees (Food vs Smt. Sulekha Pal (Dey) & Ors on 16 April, 2003

Tarkeshwar Sio Thakur Jiu vs Bar Dass Dey & Co. And Ors on 6 February, 1979

Ramesh Bejoy Sharma And Ors vs Pashupati Rai And Ors on 17 July, 1979

Rana Sheo Ambar Singh vs Allahabad Bank Ltd., Allahabad on 27 April, 1961

The Jumma Masjid, Mercara vs Kodimaniandra Deviah on 11 January, 1962

Idol Of Sri Renganathaswamy Rep By vs P K Thoppulan Chettiar, Ramanuja ... on 19 February, 2020

Shanti Sports Club & Anr vs Union Of India & Ors on 25 August, 2009

Vasudev Ramchandra Shelat vs Pranlal Jayanand Thakar And Ors on 17 July, 1974

Union Of India vs Sri Sarada Mills Ltd on 28 September, 1972

Mahendra Lal Jaini vs The State Of Uttar Pradesh And on 7 November, 1962

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