No
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Transferability
|
Negotiability
|
1
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Transferability is a characteristic of any Property.
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Negotiability is also a characteristic of any Property.
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2
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Transferability gives the right to the possessor of the property to transfer it to anyone with or without consideration, provided that he can establish that he is a true owner and in that capacity, he has exercised his right of transfer.
|
Negotiability also gives a right to the possessor of the property to transfer it to anyone but for consideration. The Negotiator is not required to establish his credentials. In negotiability, the property is accepted in good faith.
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3
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Transferability rights need a lawful and unchangeable title.
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In Negotiation even if the owner is not having a good title, it does not affect the rights and title of the negotiation.
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4
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Transfer is just process.
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Negotiation is an expression of faith and confidence.
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5
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Transferability is complete in itself.
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Transferability is the part of negotiability
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6
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Transferability is only exchange of hands, which is an act and which needs performance.
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Negotiation without transfer either by simple delivery or by endorsement stands meaningless.
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7
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‘Not Transferable’ marked documents can also be transferred to the person whose name is mentioned therein.
|
‘Not Negotiable’ marked documents lose all essential features of negotiability.
|
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Banking Law
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Law of Contracts
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Negotiable Instrument Act 1881
» Difference between Transferability and Negotiability
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