Section 132 The Transfer of Property Act, 1882
Section 132 The Transfer of Property Act, 1882:
Liability of transferee of actionable claim.—The transferee of an actionable claim shall take it subject to all the liabilities and equities and to which the transferor was subject in respect thereof at the date of the transfer. Illustrations
(i) A transfers to C a debt due to him by B, A being then indebted to B. C sues B for the debt due by B to A. In such suit B is entitled to set off the debt due by A to him; although C was unaware of it at the date of such transfer.
(ii) A executed a bond in favour of B under circumstances entitling the former to have it delivered up and cancelled. B assigns the bond to C for value and without notice of such circumstances. C cannot enforce the bond against A.
Supreme Court of India Important Judgments And Leading Case Law Related to Section 132 The Transfer of Property Act, 1882:
Noor Mohd. Khan Ghouse Khan vs Fakirappa Bharmappa on 28 April, 1978
Parameswaran Govindan vs Krishnan Bhaskaran And Ors on 6 February, 1992
Jugalkishore Saraf vs Raw Cotton Co. Ltd on 7 March, 1955
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