Legally Speaking: Can You Transfer All Your Property?

You do enjoy the legal right to transfer the ownership you have on an asset, including property, to someone else. According to the Transfer of Property Act, 1882, "property of any kind may be transferred" by a person "competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own". However, this rule is not without exceptions. The Act also talks about property that you cannot transfer. Various clauses of Section 6 of the Act elaborate on this.

Can you transfer a property you are going to inherit?

What the law says: The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred ─ Section 6 (A)

Legally, a son who is hoping to inherit the ancestral property of his father cannot transfer his right into this property to another person in the lifetime of his father. Similarly, if a prospective buyer promises to transfer his right over his future property to someone else while he has yet to get the ownership, the contract between the two parties will be void. However, the future owner in the latter example will be liable to transfer the ownership of the asset once they become owners in case they have taken money for the other party, and a contract has been made in this regard. However, you can never make a contract to gift a property which you are hoping to own in future. Transfer of your future property as a gift without any receiving any consideration is void.

Can a lessor's right to re-entry be transferred?

What the law says: A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby ─ Section 6 (B)

While leasing your property, you may insert certain terms and condition in the contract. In case the party who has taken the lease of the property fails to meet these obligations, the owner will have the right to re-entry. For instance, you told the company which has taken your office space on lease not to sub-let the premises. In case the company fails to do so, the lease contract would be broken, and you will have the right to re-entry. Now, the law says that the person who has leased his property and enjoys the re-entry right cannot transfer the same to a third party.

Can you transfer your right to easement?

What the law says: An easement cannot be transferred apart from the dominant heritage ─ Section 6 (C)

We do not live in isolation. The property that is being built next to your residence will have a certain impact on your property. It may, for instance, block the air or light that your property today enjoys. To protect a property owner's rights, the law confers upon them the right of easement. An easement is your right to use another person's property. You could ask your neighbour not to construct his home in a way that blocks your normal passage, for example. Now, this right that you enjoy cannot be transferred to another person unless you are selling the property. However, it is only the existing easement rights that cannot be transferred. Easement rights that you hope to enjoy in future can be transferred. Also, with the transfer in ownership of a property, the right to easement will naturally transfer to the new owner.

Also read: What Is Easement Right In A Property?

Can perks attached to a priestly office be transferred?

What the law says: An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him ─ Section 6 (D)

Holding offices of significance has its many perks. However, the rights over the assets have “restricted interest”. This means their ownership of the asset is subject to restraint imposed by authorities. Such a right over an asset, says the law, cannot be transferred. The right of pre-emption prescribed under the Islamic law can be cited as an example here. Pre-emption is a right which the owner of a certain immovable property possesses to obtain property possession of certain other immovable property that does not belong to him. Similarly, the in-charge of institutions such as Hindu mutts who enjoys restrictive interest in properties of others cannot transfer his right to another.

Can you transfer your right to future maintenance?

What the law says: A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred ─ Section 6 (DD)

A wife enjoys the right to maintenance in case the marriage does not work. This is her right to maintenance that she could use in future, if need be. Similarly, a Hindu widow also enjoys the right to maintenance; she will inherit a certain share in her deceased husband's property.  However, this right is personal, will take in future and cannot be transferred. On the other hand, one can transfer one's rights on the property earned as one's maintenance right in the past.

Can tenants transfer their rights over a rented property?

Do note that, tenants cannot transfer their right on a rented property. In the same manner, your right over a property you have leased can also not be transferred. Similarly, a farmer of an estate who has failed to pay his dues cannot transfer his right to another.

Section 6 (I) of the Act says: “Nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.”