• Transfer of property act sec 130

can a sute for specific performance of content for transferring a decree of immovable property is bar by sec 130 0f transfer of property act
Asked 8 years ago in Property Law
Religion: Other

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3 Answers

1) kindly state detailed facts of your case

2) section 130 of transfer of property act provides that transfer of actionable claim can only be by execution of instrument in writing signed by the transferor and thereafter all rights of transferor vest in the transferee

3) the transferee of actionable claim can sue in his own name without consent of transferor and without making him a party to the proceedings

Ajay Sethi
Advocate, Mumbai
97463 Answers
7880 Consultations

Section 130 of T P Act deals with transfer of actionable claim and beneficial interest in proeprty. Transfer of decree does not fall under the provision of section 130 of the Act.

So there is no question of bar on transfer of decree as far as section 130 is concerned.

Devajyoti Barman
Advocate, Kolkata
23323 Answers
522 Consultations

I could not comprehend your query. In a suit for specific performance we seek the specific performance of an agreement between the plaintiff and defendant. A decree of immovable property cannot be agreed to be transferred in the first place. Frame your question properly.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

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