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When you can’t transfer the property under the Transfer of Property Act?

Properties are of two types – movable property & immovable property. Movable property is defined under section 3(36) of the General Clause Act, 1897 as property of every description except immovable property. So, what is immovable property?

The immovable property is also defined under the abovementioned act as land, benefits arising out of land, things attached to earth. But one needs to understand that standing timber, growing crops & grass are not considered as immovable property despite the fact that they are attached to the earth.

After we understood what the properties are, now we’ll know when you can’t transfer your properties?

 

Spes succession

 

It means a person can’t transfer the property if he thinks he has a chance of succession.

For instance – A is on his deathbed and his son B believing himself to be the only son transfers his property to X. Here, the transfer is invalid.

Here, a maxim is applicable – Nemo est haeres viventis which means no one is heir of a living person.

 

Right of re entry

 

Right to re entry is mentioned under section 6 (b) of Transfer of Property Act as right which the landlord has against his tenant in breach of condition regarding the property. So, a tenant can’t transfer.

 

Easement

 

Easement is explained under section 4 of the Easement Act, 1882. Here the person can enjoy the profit out of the land of another but he can’t transfer the land to anyone.

 

Enjoyment of the property

 

The person whose interest is only for the enjoyment of the property & don’t have the ownership of the property, can’t transfer the property to another.

 

Public offices

 

The public offices can’t be transferred in any case because no public officer has the ownership of the property, they have just the possession of the property.

 

No government pensions, periodic allowances such as grants can be transferred to someone else.

 

Places which are of public nature or made for.the religious purposes can’t be transferred.

 

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