When section 130 of the Transfer of Property Act, 1882 applies, what formality is required to transfer…
Section 130(1) requires the execution of a written instrument signed by the transferor or a duly authorised agent. This applies whether the transfer is made with or without…
Choose your answer
When section 130 of the Transfer of Property Act, 1882 applies, what formality is required to transfer an actionable claim?
Answer and explanation
Correct answer C
Section 130(1) requires the execution of a written instrument signed by the transferor or a duly authorised agent. This applies whether the transfer is made with or without consideration.
Option feedback
Option A
Consideration is optional and an oral agreement is insufficient under section 130.
Option B
Section 130 distinguishes the execution of the instrument from notice to the debtor.
Option C
Section 130(1) requires a written instrument signed by the transferor or a duly authorised agent.
Option D
Section 130(2) permits the transferee to sue in their own name once the instrument has been executed.
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