Question

The maintenance amount which can be transferred is----

• A. Future maintenance
• B. Right to future maintenance
• C. Arrears of maintenance up to a certain date
• D. None of the above

Hint:

Remember the general principle in Section 6 of the TPA: most property is transferable. Focus on memorizing the exceptions listed in S.6, such as spec successionis (chance of an heir-apparent), right of re-entry, easements, restricted interests, and, importantly, the right to future maintenance (S.6(dd)). A debt, however, is transferable.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The Transfer of Property Act, 1882, under Section 6, lists the types of property that cannot be transferred. This question pertains to the transferability of a right to maintenance.
Step 2: Detailed Explanation:
Section 6(dd) of the Transfer of Property Act, 1882, states:
"A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred."
The law makes a clear distinction between:
1. A right to future maintenance: This is a personal right, given to a person for their personal benefit and sustenance. It is uncertain and contingent upon the person being alive and needing maintenance in the future. This right is considered inalienable and cannot be sold, assigned, or attached in a court decree. This makes options (A) and (B) incorrect.
2. Arrears of maintenance: This refers to maintenance payments that have already become due and payable but have not been paid. Once the maintenance amount has become due, it crystallizes into a debt. It is no longer a 'right to future maintenance' but a specific sum of money owed to the person. This debt can be transferred, assigned, or attached just like any other monetary debt.
Therefore, the amount of maintenance that can be transferred is the arrears of maintenance that have already accrued.