What may be transferred
Section 6 of the Transfer of Property Act, 1882 deals with what may be transferred. 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: (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 lik The Act came into force on 01 Jul 1882.
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:
(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.
(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby .
(c) An easement cannot be transferred apart from the dominant heritage.
(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him.
1[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.]
(e) A mere right to sue 2*** cannot be transferred.
(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable.
(g) Stipends allowed to military, 3[naval], 4[air-force] and civil pensioners of 5[the Government] Government] and political pensions cannot be transferred.
(h) No transfer can be made (1) in so far as it opposed to the nature of the interest affected thereby, or] (2) 6[an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872), or (3) to a person legally disqualified to be transferee.]
7[(i) Nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a court of Wards, to assign his interest as such tenant, farmer or lessee.]
Section 6, 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.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shehammal vs Hasan Khani Rawther
Court's Decision & Legal Precedent
When an expectant heir under Mohammedan law executes a deed of relinquishment of his future inheritance rights in exchange for consideration, and conducts himself in a manner so as to mislead the property owner regarding disposition of the property, he shall be estopped from subsequently claiming his statutory share in the inheritance upon the death of the owner, notwithstanding the doctrine of spes successionis embodied in Section 6(a) of the Transfer of Property Act, 1882, and paragraph 54 of Mulla's Principles of Mahomedan Law. The applicability of such estoppel depends upon the surrounding circumstances and the whole course of conduct of which the relinquishment forms a part. Public policy considerations, derived from principles incorporated in the Indian Contract Act, 1872, support the application of estoppel doctrine to prevent unjust enrichment where an heir has accepted consideration for future relinquishment.
On this section: Core provision establishing that the chance of an heir-apparent succeeding to an estate cannot be transferred. Court held that while this creates a general prohibition, exceptions exist when estoppel or consideration principles apply.
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H. P. A. International vs Bhagwandas Fatechand Daswani
Court's Decision & Legal Precedent
A contract for sale of property which is contingent on obtaining court sanction for transfer of interests of non-parties (reversioners) is an integrated, indivisible, and inseparable contract. When the essential contingency (court sanction) fails to materialize despite reasonable efforts by the vendor and despite the vendor's implied obligation to seek it within reasonable time, the contract becomes unenforceable. A buyer cannot invoke Section 12(3) of the Specific Relief Act to enforce partial relief (transfer of life interest alone) when: (a) the contract terms evince clear intention that parties contemplated all-or-nothing transaction; (b) explicit contractual clause (Clause 6) provides for cancellation if sanction not obtained; (c) no stipulation in contract provides for separate transfer of life interest if sanction for reversioners' interests fails; (d) the claim for partial relief is made after unreasonable delay and substantial change of circumstances; (e) reversioners, being non-parties to the contract, cannot be bound by doctrines of estoppel or trusts to give effect to a contract to which they never agreed; and (f) doing so would adversely affect the reversioners' independent interests and create future litigation. Courts cannot grant specific performance on terms not contemplated by the original contract parties, even if buyer attempts to waive the sanctioning clause.
On this section: Cited to establish that chance of heir-apparent succeeding to estate (spes successionis) is a mere possibility and cannot be transferred. Reversioners' interest was analyzed under this provision.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 6
What have the courts held on Section 6 of the Transfer of Property Act?
Shehammal vs Hasan Khani Rawther (02 Aug 2011) is the leading judgment on this section among those set out below: Core provision establishing that the chance of an heir-apparent succeeding to an estate cannot be transferred. Court held that while this creates a general prohibition, exceptions exist when estoppel or consideration principles apply. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2004 to 2011.
How do I find court cases under Section 6 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 6, section 6 TP Act, section 6 of the Transfer of Property Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Shehammal vs Hasan Khani Rawther (02 Aug 2011).
What should I read with Section 6 of the Transfer of Property Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 6 of the Transfer of Property Act come into force?
Section 6 of the Transfer of Property Act, commonly called easement, and cited as TP Act 6, 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
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
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.