(b) Legacy

Clause (a) provides that the chance of a relation obtaining a legacy on the death of a
Kinsman is not transferable =. Legacy means expectancy of getting certain property
under a will. A will becomes operative only after the death of the testator, i.e, the
person who has made the will. Legatee under the last will only will get the legacy.
Expectancy to receive legacy is uncertain because the legatee may or may not
survive the testation and the testator may have changed the name of the legatee in
his last will. Therefore, the chance of a legacy has been made non-transferable.

(c) Any other possibility of a like nature

Clause (a) excludes any other possibility of s like nature from the purview of
transferability. If there is any other possibility property or interest which is as
uncertain as specs succession or legacy, that too will not be transferable. Any
property which is merely a future uncertain possible interest should not be made a
transferable property.

Where an heir apparent received advantage for giving up his future right of property,
it eas held that he could not be allowed benefit of the doctrine of spes successions.
He became estopped from claiming share in the inheritance.

Clause (b): Right to Re-entry

Clause (b) constitutes second exception to the general rule of transferability. It says
that 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. This is the
right which a lessor keeps reserved for himself after parting with the whole estate.

Clause (c): Right to Easement

An easement cannot be transferred apart from the dominant heritage, easement is a

right which exists for beneficial enjoyment of a land and is exercised upon the land of
another person. Easement is an incident of ownership, it is a right attached with the
property and has no independent existence. Hence it cannot be transferred.

Clause (d): Restricted Interest

It says that an interest in property restricted in its enjoyment to the owner personally
cannot be transferred by him. This means that a person’s right or interest which is
only for his enjoyment cannot be transferred by him.

R. Rajegowda vs. H.R Shankere Gowda, Air (2006)

A person having life interest in property cannot bequeath it by executing a Will; a

document evidence partition between father and son under which an interest in the
property was allotted to the father for his maintenance, an absolute right of alienation
was not given , hence, no right to bequeath by making will.

K. Balakrishna vs. K. Kamalam, Air 2004

The restriction on transferability contained in the clause are not applicable to a will,
because it is not equivalent to transfer.

Clause (dd): Right to Future Maintenance

It is for the personal benefit of the person to whom it is granted, therefore, it cannot
be transferred. This right to future maintenance may have been secured by a charge
on the property or its income, or in any other manner. Although the right of
maintenance is not transferable, the arrears of maintenance can be transferred. The
right of maintenance is a personal right of a Hindu widow which is incapable of
assignment but arrears of maintenance can be attached and sold like any other debt.

Clause (e): Right to Sue

A mere right to sue cannot be transferred. Right to sue for a definite sum of money is
an actionable claim and can be transferred but right to sue for indefinite sum of
money is not transferable. Right of action for damages in tort or breach of contract
are bare rights to sue, and therefore, cannot be transferred.

Clause (f): Public office

This clause provides that a public office cannot be transferred, nor the salary of a
public office, whether before or after it has become payable. These interests are
made non-transferable to ensure the dignity of the office held by him and proper
performance of his duties.
Clause (g): Stipends and Pensions

It provides that the stipends allowed to military, naval, air-force, and civil pensioners
of the government and political pensions cannot be transferred, a will can be
executed only in respect of an estate.

Sundariya Bai Chaudhary vs. Union of India, Air 2008

The family pension of the deceased was not in the nature of an estate and it being
not transferable could not be bequeathed by a will. The court added that other
benefits like provident funds, gratuity and other retrial dues and extra-remunerations
would be in the category of an estate.

Clause (h): Nature of Interest, Unlawful Object, Disqualification of transferee

(i) In so far as it is opposed is the nature of the interest affected thereby; or

(ii) For an unlawful object or consideration within the meaning of section 23 of the
Indian Contract Act,1872 ; or

(iii) To a person legally disqualified to be transferee

Section 8. Operation of Transfer

Section 8 dealing with effects of transfer provides that unless a different intention is
present a transfer of property passes all the interests which the transferor is then
capable of passing in the property and its legal incidents to the transferee.

Bishwanath Prasad Singh vs. Rajendra Singh, Air 2006

The object of this section is to clearly define what are the legal incidents of each
particular class of property which pass along with the property when it is transferred.
Section 8 states on the transfer of property not only all the interest of the transferor in
the property passes to the transferee but also his interest in the legal incidents of the
property.

A) Land

Where property to be transferred is land its legal incidents will include:

(i) Easement attached to it
(ii) Rent & Profit occurring after the Transfer

(iii) All the things attached to the earth

B) Machinery

All the movable and immovable parts of the machinery essential for using it are to be
transferred.

C) Home/House

Legal incidents of a house includes:

(i) An easement annexed with it

(ii) Rent & Profits Occurring After the transfer

(i) Locks, keys, widows & all the other things provided with it for permanent use.

D) Debt

Where the property to be transferred is a debt or other actionable Claim, those

securities will be with that particular debt transferred to the transferee.

E) Money

Where the property to be transferred is money or other property yielding money its
legal incidents will include its income and interests occurring after the transfer.
The general rule regarding transfer is that the transferor conveyed all that he was
possessed of in the property transferred. A person cannot transfer something to
another by doing acts which he himself is not entitled to do. A transferee cannot
have a better title than what the transferor himself had in the thing transferred. If the
transferor has held the property with certain limitations, the transferee would get it
too with those limitations and not without them.

Ram Gopal vs. Nand Lal, 1950

The Supreme Court held that having regard to section 8 of the Transfer of Property
Act, a transfer passes the entire estate of the transferor when no restriction is
indicated by the deed and in Hindi law, there are texts requiring a gift to a female to
be constructed only as a limited gift.

Nathu Lal vs. Durga Prasad, AIR 1954

A women obtained property under the will of her father. On her death, the plaintiff,
who was her sister’s son, claimed the property as reversioner on the ground that she
had only a limited estate. The second claimant was the woman’s husband who
claimed to succeed the property as heir to her stridhan. The High Court of Rajasthan
held that the woman had only limited estate and gave a decree to the plaintiff. The
Supreme Court reversed the decision and held that an absolute estate had passed
to the legatee. It was observed that there is no difference between the case of a
female and the case of a male and the fact that the done is a women does not make
the gift less absolute where the words are sufficient to convey an absolute estate to
a female.