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What does section 130(1) of the Transfer of Property Act, 1882 require to transfer an actionable claim…

Section 130(1) requires execution of a written instrument signed by the transferor or a duly authorised agent. Notice is unnecessary to complete the transfer, although the…

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What does section 130(1) of the Transfer of Property Act, 1882 require to transfer an actionable claim governed by that provision?

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Correct answer B

Section 130(1) requires execution of a written instrument signed by the transferor or a duly authorised agent. Notice is unnecessary to complete the transfer, although the proviso can protect certain dealings before express notice.

Option feedback

Option A

Registration alone does not supply the required signature.

Option B

Execution of a written instrument with the requisite signature effects the transfer.

Option C

Witnesses’ signatures do not supply the required signature of the transferor or agent.

Option D

Oral notice cannot replace execution of a compliant instrument.

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