Property Law Synopsis

Shivam Kumar
V Sem. Section B
Roll No. : 123

Statement of Topic
Section 6 of the Transfer of Property Act, 1882 says that property of any kind can be transferred,
excepting the exceptions provided in this section. This section consists of exceptions in clauses
(a) to (i). The transferability of property is the general rule and non-transferability is an
exception. Transferability of property is based on maxim aliento rei prae furtur juri
accrescendi which means to say that alienation is favored by the law rather than accumulation.
Clause (dd) was inserted in this section by Act 20 of Amending Act,1929 which talks about the
fifth exception. It provides that a right to future maintenance, in whatsoever manner arising,
secured or determined, cannot be transferred. This exception was inserted to set right the
controversy regarding right to future maintenance. Right to future maintenance is for the
personal benefit of the person to whom it is granted, therefore, it cannot be transferred. Although
the right to maintenance is not transferable, the arrears of maintenance can be transferred. The
right of maintenance is a personal right of a Hindu widow which is incapable of assignment but
arrears of maintenance can be attached and sold like any other debt.

Statutory Provisions in questions.

Section 6 of Transfer of Property Act, 1882.
Section 6 (dd) of Transfer of Property Act, 1882.
Act 20 of the Amending Act. 1929.
Section 60 of Code of Civil Procedure.

Relevant Case Laws

1.
2.
3.
4.

Subraya v Krishna (1923) ILR Mad 659

Nanak Chand v kishan chand (1900) PLR 209
Dhuph Nath v ram Charithra (1932) ILR 54 All 366
Durgadut v Rameshwar (1909) ILR 36 Cal 943

5. Kasheeshure v Gressh Chunder (1866) 6 WR 64 (Misc.).