Quick Answer: What Properties Cannot Be Transferred?

Can easement be transferred?

A Transfer granting easement over own land form 01TO is used for the creation of an easement where the dominant tenement and the servient tenement are held by the same registered proprietor.

For: …

a transfer granting an easement to let down surface, see Baalman And Wells, Land Titles Office Practice, Lawbook Co..

What is Operation of transfer?

Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof.

What property can be transferred?

It includes movable, immovable, tangible and intangible assets. When a property is transferred, all the rights along with the property are also transferred. However arrangements may be made by which some of the rights may be transferred but not all.

How a person can transfer property to himself?

The word “living person” includes corporations and other association of person. A transfer can be made by a person to himself, as for instance when a person vests property in trust and himself becomes the whole trustee.

Can future property be transferred?

Every person, who is competent to contract, is competent to transfer property, which can be transferred in whole or in part. … The right may be either absolute or conditional, and the property may be movable or immovable, present or future.

Does Transfer of Property Act apply to movable property?

Rules relating to transfer of property under the Act. 1. It is important to draw a line between immovable and movable property. Only an immovable property and in exceptional cases the movable property can be legally transferred under the provisions of this Act.

Can you remove an easement from your property?

The two land owners can agree to remove the easement, or the dominant land owner can release the servient land owner from the easement. If the dominant land owner has not used the easement for at least 20 years, the servient land owner can apply to the Registrar General to remove the easement.

Can my neighbor use my easement?

Your neighbor, the owner of the land upon which the easement is located, can’t legally do anything to interfere with your use of the easement to access your property. However, the landowner can do whatever he wishes with his land, including using your easement, as long as he doesn’t interfere with your use.

Which of the following properties Cannot be transferred?

Stipends related to Military, Naval, Air Forces, Civil Prisoners, government pensions, etc are personal rights and cannot be transferred. … There is no prohibition in law that ownership in a property cannot be gifted without its possession and right of enjoyment.

Is it bad to have a drainage easement on your property?

A drainage easement may have a negative impact on property value if it severely restricts the use of the property, but that generally occurs only on smaller parcels in which the easement makes up a good deal of the yard area.

What are the kinds of property?

Types of PropertyMovable and Immovable Property.Tangible and Intangible Property.Private and Public Property.Personal and Real Property.Corporeal and Incorporeal Property.

What is oral transfer?

Oral transfer. —A transfer of property may be made without writing in every case in which a writing is not expressly required by law. The Section 9 of Transfer of Property act is\also related with some other sections such as: Section 54 in The Transfer of Property Act, 1882. 54.

Can a right to future maintenance be transferred?

The sub-section of maintenance, it has been established that a right to future maintenance is solely for the personal benefit of the person to whom it has been granted and therefore, this very right cannot be transferred further. … This right can neither be transferred nor can it be attached by a court’s decree.

What do you mean by transfer of property act?

In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, 1[or to himself] and one or more other living persons; and “to transfer property” is to perform such act.

Can a right to sue be transferred?

A mere right to sue, as for instance, in respect of damages for breach of contract, or for tort, cannot be transferred. The object of the prohibition is to prevent gambling in litigation. Moreover, a right to sue is personal to the party aggrieved.

What is doctrine of part performance?

Doctrine of Part Performance is an equitable doctrine and it is incorporated to prevent fraud and from taking illegal advantage on account of non-registration of the document. This Doctrine is based on the maxim, Equity look at as it is done which ought to have been done.

How many sections are there in Transfer of Property Act?

—The Chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872 (9 of 1872). 1[And section 54, paragraphs 2 and 3, and sections 59, 107 and 123 shall be read as supplemental to the Indian Registration Act, 2[1908 (16 of 1908)].] 5. “Transfer of property” defined.