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Under the Transfer of Property Act, 1882, which of the following combinations are correctly matched? 1.…

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…

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Under the Transfer of Property Act, 1882, which of the following combinations are correctly matched?

1. Mesne profits — Actionable claim
2. Claim of a Muslim wife for unpaid dower — Actionable claim
3. Unsecured debt — Actionable claim
4. Benefit under a contract for the sale of goods — Actionable claim

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Answer and explanation

Correct answer A

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. An unsecured debt (item 3), a Muslim wife's claim for unpaid dower (item 2, being an unsecured debt), and the benefit of an executory contract for the sale/purchase of goods (item 4, being a beneficial interest in movable property) are all actionable claims. By contrast, a claim for mesne profits (item 1) is a claim for unliquidated damages—a mere right to sue under Section 6(e)—and is not an actionable claim.

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