Actionable claim Transfer of property Act, 1882 IN HINDI

Actionable claim Transfer of property Act, 1882 IN HINDI. Mortgage Sec-58 Transfer of Property Act 1882 Ashok Kumar LL.M Advocate

Actionable claim Transfer of property Act, 1882 IN HINDI video duration 4 Minute(s) 10 Second(s), published by Deepak jha on 29 04 2019 - 12:17:01.

please subscribe my channel it is free of cost Transfer of property Act, 1882 Actionable claim :- As defined under section 3 of Transfer of Property Act, 1882, Transfer of property act.

Lectures by Mr
Swamyraj For further clarification on the subject you can Contact Mr
Swamyraj.K by Whatsapp: 9080960570 Email: . Transfer of Property Act 1882 Ashok Kumar LL.M Advocate Mob
No
9458808845, 7895197278.

please subscribe my channel it is free of cost

Transfer of property Act, 1882
Actionable claim :- As defined under section 3 of Transfer of Property Act, 1882, “ACTIONABLE CLAIM” is a claim on which action can be initiated in a court of law for relief.

However under the same section certain categories of claims have been excluded such as

CLAIMS WHICH HAVE ALREADY BEEN ADJUDICATED AND / OR DECREED,

CLAIMS SECURED BY ANY CHARGE SUCH AS MORTGAGE, PLEDGE OR HYPOTHECATION OF PROPERTY.

Strictly speaking this claim relates to only such debts or any beneficial interest in movable property which is not in actual or constructive possession of the claimant and / or is not secured by charge (pledge, mortgage, and hypothecation) of movable or immovable property.

It can be inherited and transferred by sale, mortgage and gift, just like other property.

Transfer of this claim either by sale, mortgage or gift can be completed by simply execution of an instrument in writing to this effect. Such instrument does not need to be registered.

Examples of “Actionable Claim:-“The following claims are “actionable claims”:-

Claim for arrear rent;

Claim for rent to fall due in future.

An option offered to repurchase the property once sold.

Benefit of a contract giving option to purchase the land.

When a contract for purchase of goods is endorsed by the purchaser, by writing on the back of the contract under his signature, that he has sold all his rights and interest in the goods purchased under the said contract to a certain person who is named and properly identified in such endorsement.

However the following claims are not “Actionable claims”:-

A claim which is decreed.

Relinquishment of interest of a member retiring from joint Hindu Family business in favor of the members who continue to be co-parceners of the same.

“Right to Sue”, though it is a right but not an actionable claim.

A claim for mesne profits.