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What is transferable and non transferable property ?

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0 2022-05-26T21:11:08+00:00
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Hey friend,

Let me start by telling you facts about property transfer. When the ownership of immovable property shifts from one person to another, all property rights are also transferred. The concept of ‘transfer of future property’ is not considered to be valid in India. There are two types of property according to the Property Act. Do you know their names? They are transferable property and non-transferable property. 

What is mentioned in section 6 of Transfer of Property Act ?

The act has details about which property can be transferred and which property cannot be transferred. It says that all properties can be transferred other than those mentioned in section 6 or specifically mentioned by any other law. Basically, you can transfer all immovable assets unless there are legal restrictions that prevent it. 

When was it written ?

Section 6 transfer of property act was written in 1882 along with the rest of the act. I also found out that the entire cat is based on the concept of ‘

alienation rei prefertur juri accrescendi

’. The English translation of which is Law favours alienation to accumulation. Any law that alienates the interest of a property owner is considered to be disfavoured under law.

Here is the basic difference between transferable and non transferable property. 

Transferable 

Non - transferable 

Any property that can be transferred from one person to another constitutes a transferable property. 

Property that cannot be transferred from a person or organisation to another because of legal reasons.

No need to show proof for this property 

Need to show proof i.e. law that restricts property transfer.

This is all from my end on section 6 of transfer of property act. I hope your query has been solved.

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