Under the Transfer of Property Act, 1882, which of the following are actionable claims? (i) A share in…
Under Section 3 of the Transfer of Property Act, 1882, an 'actionable claim' means a claim to any debt, other than a debt secured by mortgage of immovable property or by…
Choose your answer
Under the Transfer of Property Act, 1882, which of the following are actionable claims?
(i) A share in partnership
(ii) A decree
(iii) Claim for arrears of rent
(iv) Right to get damages for breach of contract
Answer and explanation
Correct answer D
Under Section 3 of the Transfer of Property Act, 1882, an 'actionable claim' means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief. A share in a partnership (a beneficial interest in movable property not in possession) and a claim for arrears of rent (an unsecured debt) are actionable claims. By contrast, a decree or judgment-debt is not an actionable claim because the claim has already merged into a judicial pronouncement, and a right to recover unliquidated damages for breach of contract is a mere right to sue under Section 6(e) rather than an actionable claim.
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