Section 6 of Transfer of Property Act (TPA) – What Property May be Transferred

Definition of Section 6 of Transfer of Property Act According to the Government of India

Section 6 of Transfer of Property Act : What may be transferred.— Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force.

(a) 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.

(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby.

(c) An easement cannot be transferred apart from the dominant heritage.

(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him.

(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.

(e) A mere right to sue cannot be transferred.

(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable.

(g) Stipends allowed to military, naval, air-force and civil pensioners of Government and political pensions cannot be transferred.

(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872), or (3) to a person legally disqualified to be transferee.

(i) 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.

Section 6 of Transfer of Property Act Explained

The first line of Section 6 states: “Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force.”

Essentially, transferability is the rule, and non-transferability is the exception. To understand Section 6, one must focus on the exceptions (Clauses ‘a’ to ‘i’) which list properties that are legally non-transferable.

Exceptions: Properties That Cannot Be Transferred

Below are the specific categories of property that the law prohibits from being transferred:

1. Section 6(a): Spes Successionis (Chance of an Heir-Apparent)

Spes Successionis means the “mere hope of succession”. You cannot transfer a mere chance or expectation, like:

• the chance of becoming an heir,
• the possibility of getting property after someone’s death,
• or any similar uncertain future hope.

Example: If R expects to inherit his father’s bungalow after his father’s death, R cannot transfer that bungalow to someone else while his father is still alive. The law prohibits this because the heir has no present interest in the property; it is a mere possibility.

2. Section 6(b): Right of Re-entry

A right to re-enter property (when a condition is broken) cannot be transferred to anyone except the owner of that property.

Context: This is usually seen in leases. If a landlord has the right to take back possession if the tenant breaks a rule, the landlord cannot sell just that “right to take back the house” to a third party.

Example 1: R owns a piece of land and gives it on lease to S, with a condition: “S must use this land only for farming. If S use it for anything else, R can take back the land.” This means R has a right of re-entry if S breaks the condition.

Now suppose R tries to transfer this right to his friend M, saying: “If S breaks the condition, M can go and take back the land”. This is not allowed. Because the right to re-enter is linked to ownership of the property. Only R (the owner) can exercise that right—not any outsider like M.

Example 2: V (the Landlord) owns a commercial building. He leases a small shop to A (the Tenant) to run a cafe. In the lease agreement, V includes a “condition subsequent”: “The tenant shall not sell alcohol on the premises. If this condition is broken, the Landlord has the right to terminate the lease and re-enter the property.”

V is short on cash. He meets a local tough-man, R. V tells R, “I don’t want to sell you my building, but I will sell you my Right of Re-entry for ₹50,000. If A ever sells a beer, you can use this right to kick him out and take the shop for yourself”.

Under Section 6(b) of the TPA, this transaction between V and R is void. Because the “Right of Re-entry” cannot be transferred to a third party (R) while the original owner (V) keeps the property. But If V sells the entire building to R, the Right of Re-entry automatically goes with it. The right must stay attached to the “estate” (the ownership of the land).

3. Section 6(c): Easement Rights

An easement (like a right of way or right to light) cannot be transferred apart from the dominant heritage.

Meaning: You cannot sell your right to walk across a neighbor’s land unless you are selling the house/land that benefits from that right.

Example: A owns a house that has no direct road access. To reach the road, she uses a path through her neighbour R’s land. This right to use the path is called an easement right (right of way).

Now suppose A decides to make some quick money. She meets N, who lives in a completely different part of town. A tells N, “I will sell you my right to walk across R’s land for ₹10,000. You can come here anytime and use R’s private path”.

Under Section 6(c), this transfer is VOID. The right to walk across R’s land exists only to serve A’s house (the Dominant Heritage). If A is not selling his house to N, she cannot sell the “right of way” to N. The easement and the land are like a body and its shadow—you cannot sell the shadow without the body.

Dominant Heritage: The land that enjoys the benefit (your house).

Servient Heritage: The land that suffers the burden (the neighbor’s land).

4. Section 6(d): Restricted Interest

If a property right is meant for personal use only, the owner cannot transfer it to someone else.

Examples: R is given a house by his uncle with a special condition: “You can live in this house only for your personal use during your lifetime. You cannot rent it or give it to anyone else”. This means the right is personal to R.

Now suppose R tries to: rent the house to A, or transfer his right to someone else. This is not allowed. Because the right to use the house is restricted only to R personally. It is not a full ownership right—it is a personal benefit given only to him.

5. Section 6(dd): Right to Future Maintenance

A right to future maintenance is for the personal benefit of the person to whom it is granted. Therefore, it cannot be transferred. This ensures that the person entitled to maintenance does not lose their financial security.

Example 1: M is entitled to receive ₹10,000 per month from her brother for her future maintenance (for her living expenses). Now M tells her friend: “I will transfer my right to receive this monthly maintenance to you. You collect the money instead of me”. This is not allowed. Because the right to maintenance is meant for M’s personal support and survival. It is not a property right that can be sold or transferred.

Another situation: Even if the maintenance amount is fixed by a court or written in an agreement, M still cannot transfer this future right to anyone else.

Example 2: S is a divorcee who has been granted a monthly maintenance (alimony) of ₹20,000 by the court, to be paid by her ex-husband for the rest of her life. S wants to buy a luxury car today. She goes to a local financier, K.

She says, “I will get ₹20,000 every month for the next 10 years. That’s ₹24 Lakhs total. I will sell you my ‘Right to Receive Maintenance’ for a one-time payment of ₹10 Lakhs today. You can collect the monthly checks from my ex-husband.” Under Section 6(dd), this contract is VOID. The right to future maintenance is strictly for S’s personal survival. She cannot “trade” her future survival for a present luxury.

Exception: If the ex-husband failed to pay for the last 6 months, and he owes her ₹1.2 Lakhs in past payments (arrears), S can transfer that ₹1.2 Lakhs to someone else. Why? Because that money is now a “debt” owed to her, not a “future right” to survive.

Example 3: An elderly father, V, transfers his ancestral property to his son. In return, the son agrees to pay V ₹5,000 per month for his medicines and food (Maintenance). A third party, B, convinces the father to sell this “monthly income right” to him so the father can invest in a risky business venture. The law protects V from his own bad decisions. Because the maintenance is meant for his personal benefit, it stays with him until his death.

6. Section 6(e): Mere Right to Sue

A “mere right to sue” cannot be transferred.

Note: You can transfer a debt (actionable claim), but you cannot transfer the right to sue someone for “damages” in a fraud or tort case.

Example 1: R suffers a loss because S cheats him in a business deal and does not pay ₹50,000. R has the right to file a case (lawsuit) against S to recover the money. Now R says to his friend: “You file the case against Suresh instead of me, and if you win, you keep the money”. This is not allowed. Why? Because the right to sue (file a lawsuit) is personal. It is not a property that can be sold or transferred to someone else.

Example 2: A owns a warehouse. K, a negligent driver, crashes his truck into the warehouse, causing ₹5 Lakhs in damages. A now has a “right to sue” K for the tort of negligence to recover that money. V, a third party who has nothing to do with the accident, sees an opportunity. He tells A, “I’ll give you ₹1 Lakh cash right now. In exchange, you transfer your ‘right to sue’ K to me. I will hire a lawyer and try to win the full ₹5 Lakhs from him in court.”

Under Section 6(e), this transfer is VOID. Why? A is not transferring a property; he is transferring a “mere right to sue” for unliquidated damages (damages not yet fixed by a court). V has no “interest” in the warehouse; he is just “buying a fight”. If A wants to sue K for defamation, assault, or negligence, he cannot sell that right.

Exception: You can transfer a debt, which is called an Actionable Claim (Section 130). If K owes A ₹5 Lakhs because of a written loan agreement, A can sell that debt to V. This is because the debt is a liquidated (fixed) sum and is considered a form of property. But

7. Section 6(f): Public Office

A public office cannot be transferred. Also, the salary of a public officer cannot be transferred, whether it is due or not yet due.

Example: R is a government school teacher (a public office holder). He tells his friend: “You go and work as a teacher in my place, and take my salary”. This is not allowed. Also, if his salary of ₹40,000 is due next month, he cannot assign or transfer that salary to someone else.

8. Section 6(g): Pensions

Government pensions and stipends (for military, naval, air-force, or civil pensioners) cannot be transferred.

Example: L is a retired army officer receiving a pension of ₹25,000 per month. She tells her son: “This pension will now go to you every month”. This is not allowed. Even though the money is paid regularly, the pension is meant only for L’s personal support, so it cannot be transferred.

9. Section 6(h):

A transfer is not allowed if:

1. it goes against the nature of the property, or
2. it is for an illegal purpose or consideration (as per the Indian Contract Act, 1872), or
3. the person receiving it is legally not allowed to take it.

Example 1: A sells land to R with an agreement: “You can use this land to run an illegal gambling house”. This transfer is not valid, because the purpose is illegal.

Example 2: A property is tried to be transferred to a person who is:

• a minor (in some cases), or
• legally declared insolvent (in certain restrictions), or
• otherwise disqualified by law

Such transfer is not allowed.

Example 3: R owns agricultural land that is legally classified as: “Only to be used for farming purposes”. Now R tries to transfer it to a company with this condition: “You can build a factory and run industrial production here”. This transfer is not valid because it goes against the nature of the property, which is meant only for agriculture.

10. Section 6(i):

This section does not allow:

• a tenant with a non-transferable occupancy right,
• a farmer who has defaulted on revenue, or
• a lessee under the Court of Wards

to transfer their interest.

Example 1: S is living in a rented house under a rule that says: “This tenancy cannot be transferred”. S says: “I am giving this house to my friend and transferring my tenancy”. Not allowed.

Example 2: A farmer is managing government land but has not paid revenue dues. He tries to: sell or transfer his farming rights to someone else. Not allowed.

Example 3: A person is leasing land under the Court of Wards (government-managed estate). He tries to transfer his lease to another person. Not allowed.

Section 6(a) vs. Section 43: The Legal Conflict

A common question in law exams is the difference between Section 6(a) (Spes Successionis) and Section 43 (Feeding the Grant by Estoppel).

Landmark Case Laws

To strengthen your legal arguments, cite these cases:

• Samsuddin v. Abdul Husein (1906): Confirmed that the transfer of Spes Successionis is void even if supported by consideration.
• Kopula Venkataswami v. Utcha Laxman (2018): Discussed the inalienability of certain personal interests under Section 6(d).

Frequently Asked Questions (FAQs)

Q1. Can a person sell a property they expect to get through a Will? No, under Section 6(a), this is Spes Successionis and the transfer is void.

Q2. Is an “Actionable Claim” transferable? Yes. While a “mere right to sue” (Section 6e) is not transferable, an actionable claim (like a debt) is transferable under Section 130 of the TPA.

Q3. Can a government servant’s salary be attached or transferred? Under Section 6(f), a public officer’s salary cannot be transferred while in service.