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Immovable Property

This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta university). Immovable Property In section 3 the definition of immovable property is neither clear nor complete. it simply says that immovable property excludes standing timber, growing crops or grass. It is not clear as to what it includes. In any Act, if the meaning of any word is not given clearly, the meaning of that word may be found in the General Clauses Act, 1897, if given there. According to section 4 of the General Clauses Act, immovable property includes land, benefits to arise out of land and, things attached to the earth. The definition of immovable property given in the general clauses act is applicable to the Transfer of Property Act. Immovable property includes - (1). Land :  It means surface of the earth . It includes everything upon the surface of the land under the surface of the land and also above the surface of the land.  E.g.- soil or mud deposition, pond ,lake ...
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Transfer for benefit of unborn person

  This article has been written by a Law student of 5th semester, Amisha Gupta from George School of Law (Calcutta University).  Transfer for the benefit of unborn person As stated in Section 13 of Transfer of Property Act 1882, where, on a Transfer of Property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property. Illustrations : 1) A  transfer property of which he is the owner, to B , in trust for A and his intended wife successively for their lives and, after the death of the survivor, for the eldest son of the intended marriage for life, and after the death for A's second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of...
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Transfer of Property Act 1882

Valid transfer or not ? 1. Can a Hindu widow transfer her right to maintenance ? What the law says: A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred ─ Section 6 (DD) A wife enjoys the right to maintenance in case the marriage does not work. This is her right to maintenance that she could use in future, if need be. Similarly, a Hindu widow also enjoys the right to maintenance; she will inherit a certain share in her deceased husband's property. However, this right is personal, will take in future and cannot be transferred. On the other hand, one can transfer one's rights on the property earned as one's maintenance right in the past. 2. Can a person transfer the right to sue for defamation ? What law says: A mere right to sue cannot be transferred - Section 6(e) Right to sue for a certain sum of money is actionable claim. Actionable claim is a claim for a certain amount of money and can be transferred but right to sue ...
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