ABSTRACT

TITLE: ANALYSIS OF SECTION 6 OF TRANSFER OF PROPERTY ACT,

1882

Section 6 of the transfer of property act deals with the concept of what may be transferred. The
section emulates that property of any kind may be transferred, except as otherwise provided by
this act or even by any other law for time being in force. Property and interests in property as a
general rule are transferable, and it should also be noted that the very transferability of the
property is based on the maxim ‘alienation rei prefertur juri accrescendi’, and the meaning of
the maxim goes like this– Law favors alienation to accumulation. Therefore, it should be noted
that any actions made to interfere with the power of the owner to alienate his interest in the
property are considered disfavor in law. The transfer of property act, 1882 is civil legislation of
great importance owing to the huge number of property related transactions taking place
throughout the country. Section 6 conveys various scenarios under which that kind of property
cannot be transferred under the Transfer of Property Act. This article seeks to elaborate the
various provisions under section 6 of the transfer of property act in detail with the help of various
examples, illustrations and case laws. Section 6 (a) and section 43 of the act prima facie seem to
conflict each other. This article will further compare these sections and discuss their applicability
through various case laws.

Key Word: section 6 of transfer of property act, kinds of property, transferable property, section
43 of transfer of property act, transferability.