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NATURE OF PROPERTY UNDER THE TRANSFER OF PROPERTY ACT

1. INTRODUCTION
Property is one of the very basic private rights of a person. An owner has a right to transfer it,
enjoy it, destroy it, etc. The transfer of property Act mainly deals with the transfer of property,
but in order to transfer a property we must first realize that what kind of property it is. This paper
intends to explain the various kinds of properties recognized in the Transfer of property Act and
their nature as well. The paper discusses the importance of nature of property, concept and its
meanings. Then it goes on to see through few of the definitions of property and moves forwards
to explaining the different kinds of properties present under the Transfer of Property Act. It
discussion in brief all three kinds of properties in detail i.e. intangible, movable and immovable
property and tangible property in brief. And then lastly it deals with the kinds of properties that
are not allowed to be transferred under the Act. Therefore, it attempts to fulfil its objective which
is to provide an overview of the various kinds of properties related to the transfer of property Act
as well as explanation of their nature.

2. IMPORTANCE OF NATURE OF PROPERTY

Property can be of various types, it could be movable, immovable, tangible or intangible, for
which the Transfer of Property Act provides different kinds of procedures to transfer. As per
from the observation of the Transfer of Property Act, the interpretation is that generally property
maybe transferred through three modes, i.e. delivery of possession; writing and registration.
However, for a transfer of an immovable property registered document is compulsory mostly.
Thus, the validity or legality of a transfer depends largely upon whether as per the ‘nature of the
property’ the given approach according to its transfer has been followed; this is the crux of the
importance of nature of property.

The transfer becomes void if the procedure prescribed in the Act for the particular ‘nature of the
property’ has not been followed. Thus, while making a contract under the Transfer of Property
Act, the first things the parties should determine is the nature of the property to be transferred.
For example, “under Section 123 of the Act, gift of an immovable property may be made only by
delivery of possession. Accordingly, gift of a tree (which is immovable property except where it
is standing timber) is not lawful if it is made without a registered deed. But if the same tree could
be proved to be a ‘standing timber’, the gift of such tree is valid even if it is made without
registration. Similarly, sale of such tree is valid even if it is made without registration. Similarly,
sale of intangible property (e.g. reversion) is only valid when it si made through a registered
document.”1

3. CONCEPT, MEANING AND DEFINITIONS OF PROPERTY

Property has a very wider meaning in its real sense. It not only includes money and other
tangible things of value, but also includes any intangible right considered as a source or element
of income or wealth. The right and interest which a man has in lands and chattels to the
exclusion of others. It is the right to enjoy and to dispose of certain things in the most absolute
manner as he pleases, provided he makes no use of them prohibited by law.

The sea, the air, and the like, cannot be appropriated; every one may enjoy them, but no one has
any exclusive right in them. When things are fully our own, or when all others are excluded from
meddling with them, or from interfering about them, it is plain that no person besides the
proprietor, who has this exclusive right, can have any claim either to use them, or to hinder him
from disposing of them as he pleases; so that property, considered as an exclusive right to things,
contains not only a right to use those things, but a right to dispose of them, either by exchanging
them for other things, or by giving them away to any other person, without any consideration, or
even throwing them away.2

Basically Property is divided into real property, and personal property. Property is also divided,
into absolute and qualified, when it consists of goods and chattels.

Absolute property is that which is our own, without any qualification whatever; as when a man is
the owner of a watch, a book, or other inanimate thing: or of a horse, a sheep, or other animal,
which never had its natural liberty in a wild state.

1
Dr. R.K. Sinha, The Transfer of Property Act, 2 (17th ed., 2016)
2
Definition and Concept of Property, legalservicesindia.com,
http://www.legalservicesindia.com/article/article/definition-&-concept-of-property-502-1.html, last seen on
25/10/2017
Qualified property consists in the right which men have over wild animals which they have
reduced to their own possession, and which are kept subject to their power; as a deer, a buffalo,
and the like, which are his own while he has possession of them, but as soon as his possession is
lost, his property is gone, unless the animals, go animorevertendi.3

Property is again divided into corporeal and incorporeal. The former comprehends such property
as is perceptible to the senses, as lands, houses, goods, merchandise and the like; the latter
consists in legal rights, as chooses in action, easements, and the like.

It is proper to observe that in some cases, the moment that the owner loses his possession, he also
loses his property or right in the thing: animalsferaenaturae, as mentioned above, belong to the
owner only while he retains the possession of them. But, in general,' the loss of possession does
not impair the right of property, for the owner may recover it within a certain time allowed by
law.

Meaning and Definition of Property Meaning of property In general sense, property is any
physical or virtual entity that is owned by an individual or jointly by a group of individuals. An
owner of the property has the right. Human life is not possible without property. It has economic,
socio-political, sometimes religious and legal implications. It is the legal domain, which
institutes the idea of ownership. The basic postulate of the idea is the exclusive control of an
individual over some ‘thing’. Here the most important aspect of the concept of ownership and
property is the word ‘thing’, on which a person has control for use. To consume, sell, rent,
mortgage, transfer and exchange his property. Property is any physical or intangible entity that is
owned by a person or jointly by a group of people. Depending on the nature of the property, an
owner of property has the right to consume, sell, rent, mortgage, transfer, exchange or destroy
their property, and/or to exclude others from doing these things.4

There are some Traditional principles related to property rights which includes include: 1.
Control over the use of the property. 2. Right to take any benefit from the property. 3. Right to
transfer or sell the property. 4. Right to exclude others from the property.

3
Definition and Concept of Property, legalservicesindia.com,
http://www.legalservicesindia.com/article/article/definition-&-concept-of-property-502-1.html, last seen on
25/10/2017
4
Ibid.
 3.1.DEFINITIONS

There are different definitions are given in different act as per there uses and needs. But in the
most important act which exclusively talks about the property and rights related to property
transfer of property act 1882 has no definite definition of the term property. But it is defined in
some other act as per their use and need. Those definitions are as follows:

Benami Transactions (Prohibition) Act, 1988 defines property5 as:

“Property” means property of any kind, whether movable or immovable, tangible or intangible,
and includes any right or interest in such property.

The Sale of Good Act, 1930 defines property6 as:

“Property” means the general property in goods, and not merely a special property.”.

Property is the creation of the State, the origin of property is to be traced back to the origin of
law and the state. Jenks observed that property and law were born together and would die
together. It means that property came into existence when the state framed laws. Property was
nowhere before law.

According to Rousseau, “It was to convert possession into property and usurpation into a right
that law and state were founded”.7

The first who enclosed a piece of land and said- ‘this is mine’- he was the founder of real society.

He insisted on the fact that property is nothing but a systematic expression of degrees and forms
of control, use and enjoyment of things by persons that are recognized and protected by law.
Thus the property was the creation of the state.

Philosophical Theories – Property as a means to Ethnical Ends

5
S. 2(c), Benami Transactions (Prohibition) Act, 1988.
6
Section 2 (11), The Sales of Good Act, 1930
7
Definition and Concept of Property, legalservicesindia.com,
http://www.legalservicesindia.com/article/article/definition-&-concept-of-property-502-1.html, last seen on
25/10/2017
In the opinion of Aristotle, Hegel and Green, Property has never been treated as an end, but
always as a means to some other end. According to Aristotle, it may be a means to the end of
good life of the citizens, further in the opinion of Hegel and Green, it may be a means to the
fulfillment of the will without which individuals are not full human. According to Rousseau,
Jefferson, Friedman, it may be a means as a pre-requisite of individual freedom seen as a human
essence.8

Similarly the outstanding critics of property like Winstanley, Marx have denounced it as
destructive of human essence, a negative means in relation an ontological end.

4. KINDS OF PROPERTY

Broadly Property is divided into four kinds those are as follow: Movable and Immovable
property Movable property as well as tangible and intangible property.

4.1. MOVABLE PROPERTY

Movable property is not defined under Transfer of Property Act but according to the
interpretation clause that is section 3 of the Transfer of Property Act, 1882, immovable property
does not include standing timber, growing crops or grass. Now the General Clauses Act, 1897
defines the term movable property as property of every description, except immovable property.
Immovable property has been defined to include land, benefits arising out of land or things
attached to the earth or permanently fastened to anything attached to the earth. Hence anything it
can easily be inferred because the exhaustiveness of the definition of immovable property that
anything which is not covered under the definition of it is a movable property including
computer programs and other intellectual property. 9 Besides well-known examples of movable
properties such as tables, chairs, cars etc. following are few of the examples of movable
properties as they are not immovable property;

(1) Standing timber, growing the crops and the growing grass.

8
Definition and Concept of Property, legalservicesindia.com,
http://www.legalservicesindia.com/article/article/definition-&-concept-of-property-502-1.html, last seen on
25/10/2017
9
Everything one needs to know about oral property, Ipleaders.in,https://blog.ipleaders.in/everything-one-needs-to-
know-about-oral-transfer-of-property/, last seen on 25/10/2017
(2) Things placed on the land or attached to it without any intention of making them a permanent
part of the land.

(3) Government Promissory Notes.

(4) Royalty or copyright.

8. Decree for arrears of rent.10

Section 2 (9) of the Registration Act, 1908 defines property as:

'Moveable property' includes standing timber, growing crops and grass, fruit upon and juice in
trees, and property of every other description, except immovable property."11

Section 22 of IPC defines property as:

The words “moveable property” is intended to include corporeal property of every description,
except land and things attached to the earth or permanently fastened to anything, which is
attached to the earth.

Things attached to the land may become moveable property by severance from the earth, for
example Cart– loaded of earth, or stones quarried and carried away from the land become
movable property.12

4.2. IMMOVABLE PROPERTY

The Term "Immovable Property" occurs in various Central Acts. However none of those Acts
conclusively define this term. The most important act which deals with immovable property is
the Transfer of Property Act (T.P.Act). Even in the T.P.Act this term is defined in exclusive
terminology.

i. According to Section 3 of that Act, "Immovable Property" does not include standing timber,
growing crops or grass. Thus, the term is defined in the Act by excluding certain things.

10
Dr. R.K. Sinha, The Transfer of Property Act, 24 (17 th ed., 2016)
11
Ibid., at 25.
12
Definition and Concept of Property, legalservicesindia.com,
http://www.legalservicesindia.com/article/article/definition-&-concept-of-property-502-1.html, last seen on
25/10/2017
"Buildings" constitute immovable property and machinery, if embedded in the building for the
beneficial use thereof, must be deemed to be a part of the building and the land on which the
building is situated.

ii. Section 2(6) of The Registration Act,1908 defines "Immovable Property" as under:

"Immovable Property includes land, building, hereditary allowances, rights to ways, lights,
ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or
permanently fastened to anything which is attached to the earth but not standing timber, growing
crops nor grass".

iii. As per Section 3(26) of the General Clauses Act 1897, "immovable property" "shall include
land, benefits to arise out of land and things attached to the earth, or permanently fastened to
anything attached to the earth". This definition of immovable property is also not exhaustive.

Thus we find that while Transfer of property excludes certain things. General Clauses Act, includes
certain things under the head ‘immovable property’. By combing both definitions, we may say that, the
term includes land, benefits to arise out of lands, and things attached to the earth, except standing timber,
growing crops and grass.

4.2.1. LAND

It means a determinate portion of the earth’s surface, which may be covered by water, the
column of surface above the surface, the ground beneath the surface. All the objects which are on
or under the surface in its natural State are included in the term land.13 Also all objects placed by
human agency on or under the surface with the intention of permanent annexation are immovable
property, e.g., Building, wall, fences.

4.2.2. BENEFITS TO ARISE OUT OF LAND

Apart from physical point of view, every benefits arise out of land is also regarded as immovable
property. Registration Act also includes as immovable property benefits to arise out of land,
hereditary allowances, right of way, lights, ferries and fisheries. In AnandBehera v. State of
Orissa, AIR 1956 SC 17, the right to catch away fish from chilka lake, over a number of years,

13
Dr. R.K. Sinha, The Transfer of Property Act, 2 (17 th ed., 2016)
was held to be an equivalent of profits a pendre in England and a benfits to arise out of land in
India. Similarly, a right to collect a rent and profits of immovable property, right to collect dues
from a fair or heat or market on a land are immovable property14.

4.2.3. THINGS ATTACHED TO EARTH

Section 3 of transfer of property defines the expression ‘attached to earth’ as including (1) things
rooted in the earth, (2) things embedded in the earth, (3) things attached to what is so embedded,
and (4) chattel attached to earth or building.

(1) Things rooted in earth include trees and shrubs, except standing timber, growing crops and
grasses (Section 3, TPA). Whether tress regarded as movable or immovable depends upon the
circumstances of the case. If the intention is that trees should continue to have the benefit of
further sustenance or nutriment by the soil (land), e.g., enjoining their fruits, then such tree is
immovable property. But if the intention is to oust them down sooner or later for the purpose
utilizing the wood for building or other industrial purpose, they would be timber and of
accordingly be regarded as movable property (Shantabai v. State of Bombay, AIR 1958 SC 532)
determining whether the tree is movable or immovable, the intention if party is important if the
parties intend that the tree should continue to have the benefit of further nutriment to be afforded
by soil, the tree is immovable property.15 But if intention is to withdraw the tree from land, and
the land is providing it only as a warehouse, it is to be treated as movable property.

(2)Things embedded in earth: It includes such things as house, buildings, etc., however certain
things like an anchor imbedded in the land to hold a ship is not an immovable property’ to
determine whether such things are movable or immovable property, depends upon circumstances
of each case and there are two main conditions to indicate intention:

 the degree or mode of annexation, e.g. tie-up seats fastened to the floor of cinema halls
are immovable property on brick-work and timber and tapestries;

14
Immovable Property, legalbites,in,https://www.legalbites.in/law-notes-property-law-definitions-immovable-
property/, last seen on 25/10/2017
15
Ibid.
  the object of annexation, for, e.g., Blocks of stone placed one on the top of other without
any mater or cement for the purpose of forming a dry wall, will become part of land, so
immovable property, but not the stones deposited in the builder’s yard.

(3) Things attached to what is so embedded must be for the permanent beneficial enjoyment of
the to which it is attached, as section says for, e.g., door and windows of a house are immovable
property to be permanent, like electric fans or window blinds, they are movable property.16

(4)Chattel attached to earth or building if a chattel, i.e., movable property is attached to earth or
building, if is immovable property. The degree, manner, extent and strength of attachment are the
main features to be regarded in determining the question. Standing timber, growing crops and
grasses are regarded as severable from land and they are regarded as movable property. However
if they and the land on which they stand is sold, such standing timber, growing crops or grasses
will pass to purchases.17

4.2.4. STANDING TIMBER

The word standing timber includes Babool Tree, Shisham, Nimb, Papal Banyan, Teak, Bamboo,
etc. “The fruit berating tree like Mango, Mahua, Jackfruit, Jamun, etc., are not standing timber,
and they are immovable properties ( Fatimabibi v. Arrfana Begum, AIR 1980 All 394). But if
intention is to cut them down sooner or later for the purpose utilising them as timber, and not to
use them for the purpose of enjoying their fruits, they are regarded as movable property. (T.A.
Sankunni v. B.J. Philips, AIR 1972 Mad 272).”18

4.2.5. GROWING GRASS AND CROPS

Growing crops includes creepers like pan, angoor, etc., millets (Wheat, Sugarcane, etc.), Veg
like Lauki, Kaddo, etc. These crops don’t have any own independent existence beyond their final
produce. While growing crops can only be used as fodder, and no other use is possible.
Therefore it is movable. But a contract to cut grass will be an interest in chattel, so is immovable
property.

16
Dr. R.K. Sinha, The Transfer of Property Act, 22(17 th ed., 2016)
17
Ibid., at 23.
18
Immovable Property, legalbites,in, https://www.legalbites.in/law-notes-property-law-definitions-immovable-
property/, last seen on 25/10/2017
 4.3. TANGIBLE AND INTANGIBLE PROPERTY

Tangible property refers to any type of property that can generally be moved (i.e., it is not
attached to real property or land), touched or felt. These generally include items such as
furniture, clothing, jewellery, art, writings, or household goods.

While intangible property refers to personal property that cannot actually be moved, touched or
felt, but instead represents something of value such as negotiable instruments, securities, service
(economics), and intangible assets including chose in action.

Few kinds of intangible properties are as follows:

4.3.1. INTELLECTUAL PROPERTY.

Intellectual property is a term referring to a number of distinct types of creations of the mind for
which property rights are recognized—and the corresponding fields of law.

Property does not just comprise of tangible things like houses, cars, furniture, currency,
investments etc and such assets are not the only kind that can be protected by law. There are
many other forms of intangible property known as intellectual property that have been
recognized under the law and granted protection against infringement

Under intellectual property law, owners are granted certain exclusive rights to a variety of
intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and
words, phrases, symbols, and designs. Patents, trademarks and copyrights, designs are the four
main categories of intellectual property.

4.3.2. ACTIONABLE CLAIMS

As defined under section 3 of Transfer of Property Act, 1882, “actionable claim” is a claim on
which action can be initiated in a court of law for relief. It can be interpreted in this way also that
it is a right of a person to initiate action in a court of law to secure his claim over a property both
movable and immovable. However under the same section certain categories of claims have been
excluded such as claims which have already been adjudicated and /or decreed, claims secured by
any charge such as mortgage, pledge or hypothecation of property.
Strictly speaking this claim relates to only such debts or any beneficial interest in movable
property which is not in actual or constructive possession of the claimant and /or is not secured
by charge (pledge, mortgage, hypothecation) of movable or immovable property. It can be
inherited and transferred by sale, mortgage and gift, just like other property.19 Transfer of this
claim either by sale, mortgage or gift can be completed by simply execution of an instrument in
writing to this effect. Such instrument does not need to be registered.

 Examples of “Actionable Claim:-“The following claims are “actionable claims”:-

1. Claim for arrear rent;

2. Claim for rent to fall due in future.
3. An option offered to repurchase the property once sold.
4. Benefit of a contract giving option to purchase the land.
5. When a contract for purchase of goods is endorsed by the purchaser, by writing on the back
of the contract under his signature, that he has sold all his rights and interest in the goods
purchased under the said contract to a certain person who is named and properly identified
in such endorsement.20
Actionable claim means a claim to any debt other than a debt secured under a mortgage or
hypothecation or pledge on any immovable or moveable property , possession of which is given
to person or institution which gave the loan. An Actionable Claim is a plain unsecured debt
which can be claimed by a person against another person and which can be enforced in civil
courts according to law.21Right to benefit of a contract falls within the definition of Actionable
Claim. An Actionable Claim is transferable and inheritable and it is deemed to be a property in
the hands of the person who has the claim.22 Actionable claim, a claim to a debt, whether
existent, accruing, contingent or conditional (the latter two types being future debt), are capable
of being transferred in present. It is recommended that this position be clarified by virtue of an
amendment to the Transfer of Property Act. Simply stated7 , an actionable claim means a claim

19
Actionable Claims, Ipropertybook.com, http://www.ipropertybook.com/bnm/actionable-claim/, last seen on
20/10/2017
20
Ibid.
21
AnjuHarbansh, Actionable Claims, 4(2) INTERNATIONAL JOURNAL OF BUSINESS POLICY AND
ECONOMICS, 409, 412 (2011).http://serialsjournals.com/serialjournalmanager/pdf/1332139475.pdflast seen on
25/10/2017
22
Ibid.
to any unsecured debt or a claim to any beneficial interest in movable property, not in the
possession of the claimant. The debt or beneficial interest may exist, accruing, conditional or
contingent.

 CONDITIONS OF ACTIONABLE CLAIM:

Two conditions of actionable claim is that— (1)Unsecured Money Debt: A debt is an obligation
to pay a liquidated or definite sum of money. Such debt may me: (1) existent, (2) conditional, (3)
contingent. If it is now due and owing it is existent.If it is a present debt but payable in the future
it is accruing. A debt which will be due only if a condition be fulfilled or if a certain specified
thing happens is a conditional debt . Contingent debts are debt which are payable on a certain
contingency, e.g., an amount due under a policy of insurance.

 Types of Debts:

I-Existent Debt: Where a debt or sum of money has already become due and is payable
(enforceable) at present, the debt is existent. For example, claim of arrears of maintenance
allowance or the claim of arrears of salary is existent debt because a definition sum of money has
already become due in the past and now it is payable.

II-Accruing debt: Where a debt or sum of money is at present due but it is payable not now but
on a future date, the debt is accruing. Accruing debt is due at present but becomes payable only
on a future date. For example if A promises to pay Rs. 100 to B as maintance allowance on fifth
of every month, the claim for salary to fall due in the next month is an accruing debt and such an
actionable claim.

III-Conditional or Contingent debt: Where the claim for a sum of money exists but the
payment depends upon the fulfillment of any condition, the debt is condition. If A promises to
give Rs. 1000 to B provided he marries within one year, than B’s claim for Rs. 1000 is
conditional because it is subject to a condition to be fulfilled by him in future.

5. PROPERTIES THAT CAN’T BE TRANSFERRED

Even though the Transfer of Property Act does not define what may constitute as property in it
precisely, it does tell what does not constitute as property under it. Section 6—”Property of any
kind may be transferred, except as otherwise provided by this Act, or by any other law for the
time being in force.”

This section enumerates different kinds of property which cannot be transferred (Exceptions to
Section 6)—-

1. SpesSuccessionis [Section 6(a)]—“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.”

A mere possibility/chance/expectancy of an, heir succeeding to an estate is excluded from the

category of transferable property, e.g., A a Hindu, dies leaving a widow B and On two C. C has
only a spessuccessionis, as his succession to the estate is dependant on 2 factors, i.e., his
surviving the widow B, and B leaving the property intact.23

2. Right of Re-entry. [Section 6(b)] “A mere right of a re-entry for breach of a condition
subsequent cannot be transferred to anyone except the owner of the property affected
thereby.

By a Mere given to right of re-entry meant a right to resume possession of-land which has been
given to another person for a certain time.24 It is usually inserted in lease empowering the lessor
to re-enter up a breach of covenants in the lease.

(a) A grants a lease of a plot of land for 5 years to B with the condition that B shall not dig a tank
on the land. B digs the tank. A relates to transfer C the right of re-entry for the breach of the
condition committed by B. The transfer is invalid.

(b) A grants a lease of plot for 5 years to B. Subsequently A transfers his right of re-entry at the
expiry of 5 years to C. The transfer is valid as at the expiry of lease the right of reentry is
transferred along with the land to .

23
Transfer of property- meaning and tyoes, legalbites.in, https://www.legalbites.in/transfer-property-meaning-types/,
last seen on 25/10/2017
24
Ibid.
 3. Easement [Section 6(c)]— “ An easement cannot be transferred apart from the dominant
heritage.”

An easement B a right to use, or restrict the use of land of another in some way, for example,
right of way, right of water or light, etc. (Section 3 Easement Act). These right cannot be
transferred without the property which has the benefit of it.

4. Restricted Interest [Section 6(d)].—”An interest in property restricted in its enjoyment

to the owner personally cannot be transferred by him”

E.g., if a house is lent to a man for his personal use, he cannot transfer his right of enjoyment to
another. Similarly a religious office like those of mutawali of a wakf or of mahant of a math and
emoluments attached to priestly office cannot be transferred. ,

5. Maintenance [Section 6(dd)].—”A right to future maintenance, in whatsoever manner

arising secured or determined, cannot be transferred.”

A right to future maintenance is only for the personal benefit of the person to whom it is granted,
thus it cannot be transferred.25

6. Mere right to sue [Section 6(e)] —”A mere right to sue cannot be transferred.”

A right to sue is personal to the party aggrieved, as for, e.g., damages for the breach of contract
or for tort, claims for past mesne profit for suing an agent for accounts, for pre-emption, etc.
These rights cannot be transferred. But where the right to sue has merged in a decree, the right
under the decree is assignable. Thus, a right to mesne profit or damages under a decree is
assignable.

7. Public office [Section 6(f)].—”A public office cannot be transferred, nor can the salary
of a public officer, whether before or after it has become payable.”

25
Transfer of property- meaning and tyoes, legalbites.in, https://www.legalbites.in/transfer-property-meaning-types/,
last seen on 25/10/2017
Thus prohibition is based on the ground of public policy as the public office is held for qualities
personal to incumbent.

If the office is not public, it would be transferable, even though the discharge of its duties
should be indirectly beneficial to the public.

8. Pensions [Section 6( g)—"Stipends allowed to military, naval, air force and civil
pensioners of the government and political pensions cannot be transferred, pension means
a periodical allowances or stipend granted not in respect of any right of office but on
account of part services of particular merits. Section 60 of CPC also exempts a pension
from attachmet in execution of degree against the pension holder.

9. Nature of Interests [Section 6(N)]. —”No transfer can be made (1) in so far as it
opposed to the nature of the interest affected thereby, or (2) for an in so far unlawful
object or consideration within the meaning of Section 23 of the Indian Contract Act,
1872, or (3) to a person legally disqualified to be a transferee. “

This clause forbids the transfer of certain things which from their very nature are not
transferable, e.g., res communes (things of which no one in particular is the owner and may be
used by all men), res nullius (things belonging to nobody).Res extra commercium (things thrown
out of commerce). Again, any property otherwise transferable becomes non-transferable when
the object or the consideration of the transfer is unlawful (within. the meaning of Section 23,
Indian Contract Act).26

Lastly, a transfer cannot be made in favour of a person who is disqualified to be a transferee.

10. Un-transferable interests [S[Section 6(i)]Nothing in this section shall be deemed to

authorise a tenant having an un transferable right of occupancy, the farmer of an estate in
respect of which default has been made in paying revenue, on the lessee of an estate,
under the management of a court of wards to assign his interest such as such tenant
farmer or lessee.”

26
Transfer of property- meaning and tyoes, legalbites.in, https://www.legalbites.in/transfer-property-meaning-types/,
last seen on 25/10/2017
 5. CONCLUSION

I think we have fairly covered the various important kinds of properties present in the transfer of
property Act and have tried to understood there nature. Even though the subject matter at hand
seems simple it is revealed to us that it holds great relevance for the Act. The Transfer of
Property Act, is an comprehensive law which mainly guides or regulates the transfer of property,
but it can’t be done efficiently or legally unless and until, the parties first determine the nature of
property at hand and follow the procedure given thereof regarding that particular kind of
property. We also looked into the definitions of these kinds of properties and looked through
their inclusive as well as exclusive nature. However, one suggestion regarding it would be that
an definite or accurate, inclusive definition of immovable property must be added in the Act for
less ambiguity and more efficiency.