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.
1[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.]
(e) A mere right to sue 2*** 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, 3[naval], 4[air-force] and civil pensioners of 5[the Government] Government] and political pensions cannot be transferred.
(h) No transfer can be made (1) in so far as it opposed to the nature of the interest affected thereby, or] (2) 6[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.]
7[(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.]
(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.
1[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.]
(e) A mere right to sue 2*** 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, 3[naval], 4[air-force] and civil pensioners of 5[the Government] Government] and political pensions cannot be transferred.
(h) No transfer can be made (1) in so far as it opposed to the nature of the interest affected thereby, or] (2) 6[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.]
7[(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.]
Source footnotes
1. Ins. by s. 7, ibid.2. The words "for compensation for a fraud or for harm illegally caused" omitted by Act 2 of 1900, s. 3.
3. Ins. by Act 35 of 1934, s. 2 and the Schedule.
4. Ins. by Act 10 of 1927, s. 2 and the First Schedule.
5. The word "Government" successively adapted by the A.O. 1937 and the A.O. 1950 to read as above.
6. Subs. by Act 2 of 1900, s. 3, for "for an illegal purpose".
7. Added by Act 3 of 1885, s. 4.
आगे पढ़ें / Continue reading
Explore the next section or browse this act in the selected language.
Next · Section 7Persons competent to transfer. →All sections / सभी धाराएँThe Transfer of Property Act, 1882 →
More sections of this act
Section 1 · Short title .Section 2 · Repeal of Acts.Section 3 · Interpretation-clause.Section 4 · Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.Section 5 · “Transfer of property” defined.Section 7 · Persons competent to transfer.Section 8 · Operation of transfer.Section 9 · Oral transfer.India Code, Government of India. Text fetched 09 Oct 2026. Source metadata reports last modification: 2018-04-16. Check the linked official text and subsequent notifications when applying a provision.