Law relating to Transfer of Property: Properties which cannot be Transferred

Transfer of Property Act, 1882 under Section 6, explicitly outlines the properties that cannot be transferred. This provision is fundamental as it sets the legal boundaries within which property transactions can occur, safeguarding certain rights and interests that are deemed non-transferable by law.

• Spes Successionis:

This term refers to the mere chance of an heir-apparent succeeding to an estate. The chance cannot be transferred to anyone else. This is essentially the expectation of inheriting property.

• Right of Re-entry:

The right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby.

• Easement:

An easement, which is a right to use the property of another in a certain way (like right of way), cannot be transferred apart from the dominant heritage (the property benefiting from the easement).

• Restrictions on Alienation:

An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him/her. This refers to situations where the property is granted with a condition that it cannot be transferred or can only be enjoyed by the person to whom it is granted.

• Right to Future Maintenance:

In certain cases, a right to receive maintenance, in personal matters, cannot be transferred.

• Public Offices and Pensions:

Positions, titles, and pensions granted by the government that are meant to be personally enjoyed by the grantee are not transferable. This ensures that public offices and pensions, which are awarded based on merit or service, cannot be sold or transferred.

• Stipends Allowed to Military, Naval, Air Force, and Civil Pensioners:

These are allowances given for service and are considered personal to the recipient. Thus, they cannot be transferred.

• Personal Rights:

Rights to sue for damages or for personal agreements such as marriage cannot be transferred. This category includes any personal right or benefit which is specifically meant to be enjoyed by the person to whom it is granted.

• Nature of Property:

The Transfer of Property Act also implicitly suggests that any property whose transfer is forbidden by law, or is opposed to the nature of the interest affected, cannot be transferred.