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Showing posts from January, 2021

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 ...