Examveda

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

Answer: Option D

Solution (By Examveda Team)

Transfer of Property Act: The Transfer of Property Act, 1882, in India governs the transfer of various types of property. It defines what constitutes transferable property and what cannot be transferred.

Defining "Transfer of Property": A transfer of property, in the context of this act, means the transfer of ownership or other rights in immovable property from one person to another.

Option A: A public office
A public office is a position of authority within a government or other public body. It cannot be transferred because it involves the exercise of sovereign power and public trust. The appointment to such an office is subject to specific legal and constitutional procedures and cannot be privately assigned or sold.

Option B: A mere chance to succeed
A "mere chance to succeed" refers to a speculative possibility of acquiring something in the future, contingent upon an uncertain event. For example, the chance of inheriting property if someone dies without a will. This cannot be transferred because it lacks the certainty of existence and vesting of rights required for a valid transfer of property. It's not a concrete right or interest that can be transferred in the eyes of the law.

Option C: A mere right of re-entry
A "mere right of re-entry" is the right of a person to regain possession of property after a breach of contract or condition. For instance, a landlord's right to reclaim property if a tenant violates the lease terms. While this right exists, it is also generally considered non-transferable because it is tied to a specific contract or condition that can't necessarily be transferred along with the right itself. The right is contingent on the initial contract, and transferring it without the consent or the involvement of all parties involved would make the transfer invalid.

Option D: All of the above
Given the explanations above, Option D is the correct answer. All three options – a public office, a mere chance to succeed, and a mere right of re-entry – represent interests that cannot be transferred under the Transfer of Property Act due to their inherent nature and lack of concrete, transferable ownership.

This Question Belongs to Law >> Transfer Of Property Act

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