All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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52.

What property cannot be transferred under S.6 of Transfer of Property Act, 1882

A: An easement apart from the dominant heritage
B: An interest in property restricted in its enjoyment to the owner personally
C: A right to future maintenance, in whatsoever manner arising, secured or determined.
D: All of the above

The answer is: D

Explanation

The correct option is D. All of the above.

These are all examples of property that cannot be transferred under Section 6 of the Transfer of Property Act, 1882. The reasons for their non-transferability are as follows:

An easement apart from the dominant heritage: An easement is a right over the property of another person, such as a right of way, light, air, etc. A dominant heritage is the property that enjoys the benefit of the easement. An easement cannot be transferred apart from the dominant heritage, because it is a right that is annexed to the property and not to the person. If the dominant heritage is transferred, the easement also passes with it. But if the easement is attempted to be transferred separately, it will cease to exist. This is stated in Section 6 (c) of the Act.

An interest in property restricted in its enjoyment to the owner personally: This means an interest in property that is created for the personal benefit or satisfaction of the owner, and not for any commercial or monetary purpose. Such an interest cannot be transferred, because it depends on the personal choice or taste of the owner, and cannot be enjoyed by anyone else. For example, a right to use a library, a right to occupy a religious office, a right to hold a title or dignity, etc. This is stated in Section 6 (d) of the Act.

A right to future maintenance, in whatsoever manner arising, secured or determined: This means a right to receive a certain amount of money or property for the sustenance or support of a person, either by law or by contract or by decree of court. Such a right cannot be transferred, because it is meant for the personal necessity and welfare of the person entitled to it, and not for any other purpose. For example, a right to alimony, a right to pension, a right to widow's estate, etc. This is stated in Section 6 (dd) of the Act.