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Under section 130(1) of the Transfer of Property Act, 1882, how must an actionable claim within that…

Section 130(1) requires a written instrument signed by the transferor or the transferor's duly authorised agent. Execution effects the transfer even without notice, subject…

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Under section 130(1) of the Transfer of Property Act, 1882, how must an actionable claim within that provision be transferred?

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Answer and explanation

Correct answer B

Section 130(1) requires a written instrument signed by the transferor or the transferor's duly authorised agent.

Execution effects the transfer even without notice, subject to the proviso protecting specified dealings before notice.

Option feedback

Option A

An oral agreement alone cannot meet the signed-instrument requirement.

Option B

The transferor or the transferor's duly authorised agent may sign the instrument.

Option C

An oral declaration cannot supply the required signature on an unsigned instrument.

Option D

Notice can matter to the debtor's dealings with the claim, but it cannot replace execution of the signed instrument.

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