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Under Section 3 of the Transfer of Property Act, 1882, which of the following is not an actionable claim?

Under Section 3 of the Transfer of Property Act, 1882, an actionable claim means a claim to any unsecured debt or to any beneficial interest in movable property not in the…

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Under Section 3 of the Transfer of Property Act, 1882, which of the following is not an actionable claim?

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Correct answer D

Under Section 3 of the Transfer of Property Act, 1882, an actionable claim means a claim to any unsecured debt or to any beneficial interest in movable property not in the possession (actual or constructive) of the claimant, which civil courts recognise as affording grounds for relief, whether such debt or beneficial interest is existent, accruing, conditional, or contingent. A credit in a Provident Fund account (an accruing debt) and valid contractual claims payable upon passing an examination or marrying a particular person (conditional or contingent debts) are actionable claims. However, while the right to claim the benefit of an executory contract not coupled with any liability is an actionable claim, a right under a contract coupled with a liability cannot be assigned as an actionable claim because contractual burdens cannot be unilaterally transferred.

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