A has sold 50 bags of wheat to B, but they remain in A’s godown. B has neither actual nor constructive…
Section 3 includes a beneficial interest in movable property outside the claimant’s actual or constructive possession, recognised by civil courts as a ground for relief.…
Choose your answer
A has sold 50 bags of wheat to B, but they remain in A’s godown. B has neither actual nor constructive possession and has a beneficial interest recognised by the civil courts. Under section 3 of the Transfer of Property Act, 1882, how is B’s claim to the wheat classified?
Answer and explanation
Correct answer B
Section 3 includes a beneficial interest in movable property outside the claimant’s actual or constructive possession, recognised by civil courts as a ground for relief. With both forms of possession expressly excluded, B’s claim falls within that definition.
Option feedback
Option A
“Specific claim” is not the defined statutory classification requested.
Option B
The stated beneficial interest outside both forms of possession meets the movable-property limb of actionable claim.
Option C
“Lawful claim” is a general description, not the defined classification asked for.
Option D
The defined classification actionable claim is available.
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