Legal Guide

What is Section 6 of the Transfer of Property Act?

by Bhavya Choudhary · 3 min read

Section 6 of the Transfer of Property Act

Introduction

  • In Section 6 of the Transfer of Property Act “what can be transferred” has been discussed. The section deeply talks about the various terms and exceptions which clearly define the things which get transferred in the Transfer of Property Act.
  • Section 6 of the Transfer of Property Act is a civil legislation that has a great impact on the issues related to the Transfer of Property, and gift deeds, with legal advice. We will talk about section 6 in detail in this blog.

What is the Transfer of Property? 

In the lives of humans, property holds a great amount of value, not only economically and physically but also emotionally. Not only it gives a sense of economic value but also makes us feel settled and secure.

Analysis of section 6 of the Transfer of Property Act

  • Section 6 of the Transfer of Property Act helps us to differentiate between the types of property which can be transferred under the Transfer of Property Act.
  • There are different types of properties under transferable properties and nontransferable properties.
  • Section 6 of the Transfer of Property rights makes a difference between them.
  • Section 6 of the Transfer of Property talks about the types of property which can be transferred except those which are mentioned in the sub-clause of this section.
  • Section 6 of the Transfer of Property Act gives us various exemptions, which we will now discuss in detail.

Transfer of Spes succession

  • Section 6 of the Transfer of Property Act makes the spes succession of the property void ab initio. This section also prohibits any kind of transfer of Property that is not owned by any individual.
  • Let’s take an example of this. Father Ram and son Shyam make up a family. Father Ram owns the property, and as such, he retains ownership of it during his lifetime. Neither his son nor anyone else is permitted to sell the property without his permission.
  • In this case, Shyam is the Heir Apparent since, if Ram passes away intestate, Shyam would be the beneficiary of his estate. Here, there is a likelihood that Shyam will succeed in the property in the future for two key reasons.
  • First off, since Ram is the property’s owner, he is free to sell it, dispose of it in any way he sees fit, or include someone in his will. Nothing will eventually be left for Shyam.
  • Second, their son Shyam passes away while his father is still alive. Thus if he had transferred the property with the ownership of it, then it is termed as void from starting.

Right of Re-entry

  • This can be understood by an example Binod sold some things to Ashok under the terms of a hire purchase arrangement. 
  • This contract included a condition that said that after the sale, Ashok would take possession of the property and pay the installments on time.
  • However, if Ashok failed to do so, Binod would enter Ashok’s home and seize the property. The crucial thing to keep in mind in this situation is Binod. Has a personal right to re-enter and cannot transfer that right to anyone else.

Easement

  • Section 6 of the Transfer of Property Act talks about the right of an individual from the lands which he has ownership, and the owner of a property has a natural right now enjoying the profits which arise out of that land.
  • For example, if person A has taken home on rent from person B, then the person has all rights to enjoy the property in terms of using the roofs, garden, etc. He can dry clothes on the terrace, play games, and do anything else.
  • This will come under his right to enjoy the property under section 6 of the Transfer of Property Act under the easement subclause.

Restricted interests

  • Section 6 of the Transfer of Property Act talks about invalid transfers. There are various rights and ownership which cannot be transferred from one person to another, such as tenure of services, religious office, a right of preemption, etc.
  • These cannot transfer, transfer of them is invalid.

Few other exceptions

  • A few other exceptions are mentioned in section 6 of the Transfer of Property Act, such as the transfer of pension from one person to another is also prohibited. One person cannot transfer his right to a pension to another.
  • The transfer of public office owned by an official in the country cannot be transferred to another person. The right to file a case in case of a property dispute stays with the person who was involved in the Transfer of Property dispute; the right to file a case cannot be transferred.
  • Right take a benefit of future maintenance by the woman cannot be transferred by her to someone else.

Conclusion

Section 6 of the Transfer of Property Act talks about the various things which will be invalid if the transfer of them happens. These are the things other than which the transfer of the property means valid.

Section 6 of the Transfer of Property Act is a broad section that needs to be understood in detail. Legal advice must be taken in case of any issues related to gift deeds.

There are certain properties that cannot be transferred. Consult a property lawyer to know which properties cannot be transferred.

Bhavya Choudhary

Written by

Bhavya Choudhary

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