Transfers Of Actionable Claims (Section 130 to Section 132 of the Transfer of Property Act)

Introduction - 

Transfer of Actionable claim, Section 130 to Section 132 of the Transfer of Property Act speaks about Transfer of Actionable claim

Transfer of actionable claim

          According to Section 130 (1) of the Transfer of Property Act, 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 authorized agent, shall be complete and effectual upon the execution of such instruments, 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 debtor other actionable claims by the debtor 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 claims, 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 proceeding and without making him a party thereto.

Exception: 

        Nothing in this section applies to the transfer of a marine or fire policy of insurance 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) 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 provisions of section 132.

 Notice to be in writing, signed -

          According to Section 131 of the Transfer of Property Act,-  Every notice of transfer of an actionable claim shall be in writing, signed by the transferor or his agent duly authorized in this behalf, or, in case the transferor refuses to sign, by the transferee or his agent, and shall state the name and address of the transferee.

           As per Section 132 of the Transfer of Property Act, the transferee of an actionable claim shall take it subject to all the liabilities and equities and to which the transferor was subject in respect thereof at the date of the transfer

See Also...

Fraudulent deed and disposition of property (IPC, Section 421 to Section 124)

Disposal of property (Section 451 to Section 459 of the Code of Criminal Procedure)

Mortgage: Rights of a Mortgagee | Property Law