A transfer to C a debt due to him by B, A being then indebted to B. C sues B for the debt due to B to A. Is B entitled to set off the debt due by A-
A. Yes although 'C' was unaware of it at the date of such transfer
B. No, because 'C' became aware of it after the transfer
C. Yes, because 'C' became aware of it after the transfer
D. No, because the transferee of an actionable claim shall not take it subject to all the liabilities
Answer: Option A
Solution(By Examveda Team)
According to the Transfer of Property Act, when a debt due from 'A' to 'B' is transferred to 'C' and 'A' is also indebted to 'B' at the same time, 'B' is entitled to set off the debt due from 'A' against the debt due to 'C'. This right of set-off applies even if 'C' was unaware of the debt owed by 'A' to 'B' at the time of the transfer.The rationale behind this is to prevent unjust enrichment. If 'A' owes 'B' and 'C' owes 'A', it would be unfair to allow 'C' to recover the debt from 'B' without adjusting the amount 'A' owes 'B'. Therefore, 'B' is entitled to set off the debt owed by 'A' against the debt due to 'C', even if 'C' was unaware of it at the time of the transfer.
Therefore, the correct option is Option A: Yes although 'C' was unaware of it at the date of such transfer, as it accurately reflects the legal principle regarding the entitlement to set off in this context.
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Comments ( 1 )
A. Section 13
B. Section 14
C. Section 15
D. Section 16
Case of "Raj Kumar Kundu v. Mcqueen" is related to
A. Lis pendens
B. Part performance
C. Mortgage
D. Ostensible owner
A. Transfer by ostensible owner of the property for consideration
B. Transfer by owner of the property in which a widowhas life interest for maintenance
C. Both A and B
D. Neither A nor B
Which property cannot be transferred?
A. A public office
B. A mere chance to succeed
C. A mere right of re-entry
D. All of the above
The answer for this question is clearly mentioned as option A in Transfer of Property Act in Section 132 the how it will be the option B.
Explain?