4/6/22, 3:11 PM Legally Speaking: Can You Transfer All Your Property?

Legally Speaking: Can You

Transfer All Your Property?

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You do enjoy the legal right to transfer the ownership you have on
an asset, including property, to someone else. According to the
Transfer of Property Act, 1882, "property of any kind may be
transferred" by a person "competent to contract and entitled to
transferable property, or authorised to dispose of transferable
property not his own". However, this rule is not without
exceptions. The Act also talks about property that you cannot
transfer. Various clauses of Section 6 of the Act elaborate on this.

Can you transfer a property you are going to inherit?

What the law says: The chance of an heir-apparent succeeding to

an estate, the chance of a relation obtaining a legacy on the
death of a kinsman, or any other mere possibility of a like nature,
cannot be transferred ─ Section 6 (A)

Legally, a son who is hoping to inherit the ancestral property of

his father cannot transfer his right into this property to another
person in the lifetime of his father. Similarly, if a prospective
buyer promises to transfer his right over his future property to
someone else while he has yet to get the ownership, the contract
between the two parties will be void. However, the future owner in
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4/6/22, 3:11 PM Legally Speaking: Can You Transfer All Your Property?

the latter example will be liable to transfer the ownership of the

asset once they become owners in case they have taken money for
the other party, and a contract has been made in this regard.
However, you can never make a contract to gift a property which
you are hoping to own in future. Transfer of your future property
as a gift without any receiving any consideration is void.

Can a lessor's right to re-entry be transferred?

What the law says: A mere right of re-entry for breach of a

condition subsequent cannot be transferred to anyone except the
owner of the property affected thereby ─ Section 6 (B)

While leasing your property, you may insert certain terms and
condition in the contract. In case the party who has taken the
lease of the property fails to meet these obligations, the owner
will have the right to re-entry. For instance, you told the company
which has taken your office space on lease not to sub-let the
premises. In case the company fails to do so, the lease contract
would be broken, and you will have the right to re-entry. Now, the
law says that the person who has leased his property and enjoys
the re-entry right cannot transfer the same to a third party.

Can you transfer your right to easement?

What the law says: An easement cannot be transferred apart

from the dominant heritage ─ Section 6 (C)

We do not live in isolation. The property that is being built next to

your residence will have a certain impact on your property. It
may, for instance, block the air or light that your property today
enjoys. To protect a property owner's rights, the law confers upon
them the right of easement. An easement is your right to use
another person's property. You could ask your neighbour not to
construct his home in a way that blocks your normal passage, for
example. Now, this right that you enjoy cannot be transferred to
another person unless you are selling the property. However, it is
only the existing easement rights that cannot be transferred.
Easement rights that you hope to enjoy in future can be
transferred. Also, with the transfer in ownership of a property, the
right to easement will naturally transfer to the new owner.

Also read: What Is Easement Right In A Property?

Can perks attached to a priestly office be transferred?

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4/6/22, 3:11 PM Legally Speaking: Can You Transfer All Your Property?

What the law says: An interest in property restricted in its

enjoyment to the owner personally cannot be transferred by him
─ Section 6 (D)

Holding offices of significance has its many perks. However, the

rights over the assets have “restricted interest”. This means their
ownership of the asset is subject to restraint imposed by
authorities. Such a right over an asset, says the law, cannot be
transferred. The right of pre-emption prescribed under the
Islamic law can be cited as an example here. Pre-emption is a
right which the owner of a certain immovable property possesses
to obtain property possession of certain other immovable
property that does not belong to him. Similarly, the in-charge of
institutions such as Hindu mutts who enjoys restrictive interest
in properties of others cannot transfer his right to another.

Can you transfer your right to future 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.

Can tenants transfer their rights over a rented property?

Do note that, tenants cannot transfer their right on a rented

property. In the same manner, your right over a property you
have leased can also not be transferred. Similarly, a farmer of an
estate who has failed to pay his dues cannot transfer his right to
another.

Section 6 (I) of the Act says: “Nothing in this section shall be

deemed to authorise a tenant having an untransferable right of
occupancy, the farmer of an estate in respect of which default has
been made in paying revenue, or the lessee of an estate, under the
management of a Court of Wards, to assign his interest as such
tenant, farmer or lessee.”

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