Section130
The Transfer of Property Act, 1882

Transfer of actionable claim

In force From 01 Jul 1882 Act 4 of 1882 As on 15 Oct 2026

Act 4 of 1882 Ministry Law and Justice Enacted 17 Feb 1882 In force 01 Jul 1882

Section 130 of the Transfer of Property Act, 1882 deals with transfer of actionable claim. 1(1) The transfer of an actionable claim [whether with or without consideration] shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, shall be complete and effectual upon the execution of such instrument, and thereupon all the rig The Act came into force on 01 Jul 1882.

1(1) The transfer of an actionable claim 2[whether with or without consideration] shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, 3*** shall be complete and effectual upon the execution of such instrument, and thereupon all the rights and remedies of the transferor, whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the transfer as is hereinafter provided be given or not:

Provided that every dealing with the debt or other actionable claim by the debt or or other person from or against whom the transferor would, but for such instrument of transfer as aforesaid, have been entitled to recover or enforce such debt or other actionable claim, shall (save where the debtor or other person is a party to the transfer or has received express notice thereof as hereinafter provided) be valid as against such transfer.

(2) The transferee of an actionable claim may, upon the execution of such instrument of transfer as aforesaid, sue or institute proceedings for the same in his own name without obtaining the transferor's consent to such suit or proceedings and without making him a party thereto.

Exception.-- Nothing in this section applies to the transfer of a marine or fire policy of insurance 4[or affects the provisions of section 38 of the Insurance Act, 1938 (4 of 1938).]

Illustrations

(i) A owes money to B, who transfers the debt to C. B then demands the debt from A, who, not having received notice of the transfer, as prescribed in section 131, pays B. The payment is valid, and C cannot sue A for the debt.

(ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or, future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A's executor, subject to the proviso in sub-section (1) of section 130 and to the provisions of section 132.

Section 130, The Transfer of Property Act, 1882 (Act 4 of 1882).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Questions about Section 130

What does Section 130 of the Transfer of Property Act deal with?

Section 130 of the Transfer of Property Act is headed "Transfer of actionable claim". 1(1) The transfer of an actionable claim [whether with or without consideration] shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, shall be complete and effectual upon the execution of such instrument, and thereupon all the rig

How do I find court cases under Section 130 of the Transfer of Property Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 130, section 130 TP Act, section 130 of the Transfer of Property Act. People searching for it also type s 130 tpa. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 130 of the Transfer of Property Act, and has it changed?

Its own text turns on Insurance Act 38 (Assignment and transfer of insurance policies), section 131 (Notice to be in writing, signed), section 132 (Liability of transferee of actionable claim), so none of them can safely be read on its own.

When did Section 130 of the Transfer of Property Act come into force?

Section 130 of the Transfer of Property Act, cited as TP Act 130, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.