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A Brief Note On Actionable Claim

Actionable claim refers to any unsecured debt or beneficial interest in movable property not in direct possession that can be pursued in civil court, excluding debts secured by mortgage of immovable property, hypothecation or pledge of movable property. It includes unsecured insurance policies, claims for unpaid rent, rights to provident funds, unsecured debts, and claims to partnership profits. For a claim to be actionable, legal action must be possible to realize or enforce the claim.

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378 views1 page

A Brief Note On Actionable Claim

Actionable claim refers to any unsecured debt or beneficial interest in movable property not in direct possession that can be pursued in civil court, excluding debts secured by mortgage of immovable property, hypothecation or pledge of movable property. It includes unsecured insurance policies, claims for unpaid rent, rights to provident funds, unsecured debts, and claims to partnership profits. For a claim to be actionable, legal action must be possible to realize or enforce the claim.

Uploaded by

Adan Hooda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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A brief note on Actionable Claim

As per section 3 of transfer of property Act 1882, “Actionable claim” means a claim to any
debt, other than

 a debt secured by mortgage of immoveable property or


 by hypothecation or pledge of moveable property, or
 to any beneficial interest in moveable property not in the possession,
 either actual or constructive, of the claimant,
 which the Civil Courts recognise as affording grounds for relief,
 whether such debt or beneficial interest be existent, accruing, conditional or contingent.

Actionable claim means a claim for any debt which is related to any benefit arising out from any
movable property which is not in possession and for which relief can be claimed in civil court.

Further It means that for which action is necessary to take the claim of it and if any action for its
realisation being not taken then it can’t be said as actionable claim

Below are some examples of Actionable claims: –

 Insurance Policy which is not secured by way of mortgage or hypothecation or pledge


 Claim for arrear of rent is actionable claim since it is not secured on anything.
 Right to claim provident fund
 Claim for unsecured debt
 Claim in profit by partner in firm

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