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Under section 132 of the Transfer of Property Act, 1882, when must a liability or equity have applied to the transferor for the transferee to take an actionable claim subject to it?

Question and options

Under section 132 of the Transfer of Property Act, 1882, when must a liability or equity have applied to the transferor for the transferee to take an actionable claim subject to it?

  1. On the date of transfer

  2. At the time the original claim arose

  3. When the debtor receives notice of transfer

  4. Fifteen days after the transfer

Answer and explanation

Correct answer: A - On the date of transfer

Section 132 looks to the liabilities and equities that applied to the transferor on the date of transfer. For example, an existing right of set-off may be asserted against the transferee.

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