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Under Section 3 of the Transfer of Property Act, 1882, which out of the following is an actionable claim?

Section 3 covers claims to unsecured debts or qualifying beneficial interests in movable property outside the claimant’s possession. A right to a provident-fund credit…

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Under Section 3 of the Transfer of Property Act, 1882, which out of the following is an actionable claim?

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Correct answer D

Section 3 covers claims to unsecured debts or qualifying beneficial interests in movable property outside the claimant’s possession. A right to a provident-fund credit qualifies. A debt secured by mortgage of immovable property is expressly excluded. An unascertained claim for mesne profits is a mere right to sue, and a money decree is enforceable by execution.

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Option A

A debt secured by a mortgage of immovable property is expressly excluded by section 3.

Option B

An unascertained claim for damages in the form of mesne profits is a mere right to sue.

Option C

A money decree is enforced by execution.

Option D

The Supreme Court identifies the right to a provident-fund credit as an actionable claim.

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