The Untransferable Wealth – What You Cannot Sell Under Section 6
The fundamental rule of a free-market economy is that if you own something, you have the absolute right to alienate it (sell it, gift it, or throw it away). The Transfer of Property Act, 1882 (TPA) embraces this. In fact, Section 10 of the TPA states that any condition absolutely restraining a person from selling their own property is void.
The baseline rule is simple: Property of any kind may be transferred.
However, the law isn’t a free-for-all. To prevent fraud, protect vulnerable people, and maintain public policy, the TPA draws a hard line.
1. The “Don’t Count Your Chickens” Rule (Spes Successionis)
This is the most heavily tested concept under Section 6(a). Spes successionis is a Latin term meaning “the chance or expectation of succession.”
The Rule: You cannot transfer a mere chance of inheriting an estate.
Example: Imagine a son whose father is a billionaire. The son expects to inherit a massive mansion when his father dies. The son is currently broke, so he goes to a bank and says, “My dad is 95 years old. I will sell you the rights to his mansion today for half the price, and you can take it when he passes away.”
The law says No. Why? Because the son doesn’t own the mansion yet. The father might change his will tomorrow and leave it all to charity. You cannot sell a mere hope or a chance. If you draft a sale deed for an expected inheritance, that deed is void ab initio (void from the very beginning).
2. The Mere Right of Re-entry (Section 6(b))
A “right of re-entry” is the right of a landlord to take back their property if the tenant breaks a rule.
The Rule: You cannot transfer the right of re-entry to a third party without also transferring the property itself.
Example: You lease your apartment to a tenant with a strict condition: “No pets, or I take the apartment back.” The tenant brings in a dog. You have the right to re-enter and terminate the lease. You cannot sell this “right to kick the tenant out” to your neighbor for ₹10,000 just for fun. You can only transfer that right if you sell the entire apartment to your neighbor first.
3. Easements Apart from the Dominant Heritage (Section 6(c))
An easement is a right you have over someone else’s land for the beneficial enjoyment of your own land.
The Rule: An easement cannot be separated from the property it benefits.
Example: Your house (the Dominant Heritage) is landlocked, so you have a legal right of way (an Easement) to drive across your neighbor’s driveway to reach the main road. You cannot sell your “right to drive on the driveway” to a random stranger who lives three towns away. The easement exists only to serve your house. It cannot be detached and sold independently.
4. The Mere Right to Sue (Section 6(e))
This is where Property Law and Tort Law collide!
The Rule: A mere right to sue for unliquidated damages (like in a tort or breach of contract) cannot be transferred.
Example: Someone negligently crashes into your car, and you have the right to sue them for ₹50,000 in damages. You are too busy to go to court, so you say to your friend, “Give me ₹20,000 cash right now, and I will transfer my right to sue the driver to you.”
The law forbids this. The right to sue for personal or unliquidated damages is highly personal. Allowing people to buy and sell lawsuits would turn the justice system into a gambling casino.
(Note: There is a massive difference between a “mere right to sue” and an “actionable claim,” .)
5. Personal and Restricted Interests (Section 6(d) & 6(dd))
Some property rights are created specifically for you and no one else.
- Restricted Interest: If you are allowed to live in a house for the rest of your life as a personal privilege (but you don’t own it), you cannot sell that privilege to someone else.
- Right to Future Maintenance: If a court orders a husband to pay his ex-wife a monthly maintenance allowance, she cannot “sell” or assign her right to receive those future payments to a bank or a third party. The money is meant for her survival, not for commerce.
When preparing for highly competitive exams like the UGC NET JRF or the CLAT PG, examiners will rarely ask you the general rule of transferability. They will test you on the margins. They will present a complex fact pattern where someone tries to sell their chance of inheritance or assign a tort claim to a debt collector. Your job is to spot the Section 6 violation instantly. Remember: if the right is highly personal, relies on a future uncertainty, or exists purely to serve another piece of land, it is locked in place. It cannot be transferred.