Question

What property cannot be transferred under S.6 of Transfer of Property Act, 1882

• A. An easement apart from the dominant heritage
• B. An interest in property restricted in its enjoyment to the owner personally
• C. A right to future maintenance, in whatsoever manner arising, secured or determined.
• D. All of the above

Hint:

Section 6 of the TPA is a crucial 'negative list'. For exams, be familiar with the key exceptions: chance of an heir-apparent (spes successionis), right of re-entry, easements, restricted interests, future maintenance, and public office salaries.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The Transfer of Property Act, 1882, generally allows for the transfer of property of any kind. However, Section 6 of the Act carves out specific exceptions, listing types of property or interests that cannot be transferred. This is based on principles of public policy, statutory prohibition, or the personal nature of the right.
Step 2: Detailed Explanation:
Let's examine each option in the context of the exceptions listed in Section 6:
\begin{itemize} \item (A) An easement apart from the dominant heritage: This is explicitly prohibited by Section 6(c). An easement (like a right of way) is a right attached to a property (the dominant heritage) for its beneficial enjoyment over another's property (the servient heritage). It has no independent existence and cannot be transferred separately from the property it benefits. \item (B) An interest in property restricted in its enjoyment to the owner personally: This is explicitly prohibited by Section 6(d). If a right is purely personal to the owner, it cannot be transferred. Examples include a religious office or certain service tenures. \item (C) A right to future maintenance...: This is explicitly prohibited by Section 6(dd). A right to receive maintenance in the future is a personal right meant for the subsistence of the recipient and cannot be assigned or transferred to someone else. \end{itemize} Since all three options are explicitly listed in Section 6 as non-transferable property, the correct answer is that all of them cannot be transferred.
Step 3: Final Answer:
The correct answer is All of the above.