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 for uncertain or indefinite sum of money is not transferable.

Thus, where a person is entitled to claim damages because some tort has been committed against him he has a right to claim damages by way of compensation. This right to claim damages from the wrongdoer is not a claim for any certain of fixed sum of money and shall come within the meaning of 'right to sue' as given in this clause.

Sundar v. Ramdass, AIR 2013 Mad 133, 

In the above mentioned case, an advocate assigned his right to the petitioner to sue the defendant for damages for defamation. Such right is not assignable. Pauper petition is not maintainable. 

Hence, the right to sue is for claiming damages which are an uncertain amount. The right to sue for damages is personal to the party aggrieved. It would be against the basic principles underlying the award of damages if compensation is received by a person who is not the aggrieved party. So, the transfer is void.

3. Can a pujari of a temple transfer his turn of worship and his right to receive the offerings ?

What law says:

An interest in property restricted in its enjoyment to the owner personal cannot be transferred by him - Section 6 (d)

An interest in property restricted in its enjoyment to the owner personality has been made non-transferable. Beneficial interest is owned by the person and is restricted to his own enjoyment, he cannot transfer it. Such interests are, therefore, a purely personal in nature and may be called personal rights which are non transferable. 

Religious offices, such as the office of pujari who performs religious services in a temple is restricted interest because this office are held by the person concerned only on the ground of their personal qualification. Briti mahabrahmana that is right of a mahabrahmani to officiate the funeral ceremonies has been held to be restricted interest, [held in Durga prasad v. shambhu (1919)41 All. 656]. The the emoluments or the right to get money or some property only by virtue of holding a religious office is also non transferable. 

4. Can a person transfer his property to himself ?

Section 5 of Transfer of Property Act 1882

A transfer of property under Section 5 of the Act requires two living persons that transferor and transferee. One cannot transfer a property to himself. But, one can transfer a property to himself in some other capacity. The word 'to himself' were added to this section by The Amending Act, 1929 to include in the transfer of property also a case where a person makes any settlement of his property in a trust and appoints himself as the sole trustee [Naranbhai v. Suleiman, (1975) 16 Gun. LR 289]. Here the transfer and the transferee are physically the same person but as transfer he has the legal status of settler where is as transferee his legal status is that of a trustee. 

Hence, Transfer of Property as contained plated under this as carries the same meaning throughout this is an agreement as it has been defined in Section 5. This definition has limited scope of the term 'Transfer of Property'. Unless the above mentioned essential element that present in a transaction, it cannot be regarded as a Transfer of Property.

Reference : Transfer of Property Act 1882 by Dr.R.K.Sinha