Section 6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 6 states the general rule that property of any kind may be transferred, and then lists what cannot be. As per the text of the Act consulted, the list has clauses (a) to (i) and includes a clause (dd). This article explains each clause and what it means before you sign a sale, gift or mortgage.
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. The Act then names things that cannot be transferred: a mere possibility such as an heir's chance, a bare right of re-entry (except to the owner), an easement apart from the dominant heritage, interests restricted to the owner personally, a right to future maintenance, a mere right to sue, a public office or the salary of a public officer, certain stipends and pensions, and transfers opposed to the nature of the interest, made for an unlawful object or consideration, or to a legally disqualified person.
The general rule
The section opens: "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". Two points follow.
- Transfer is the starting rule. The exceptions below are specific, so anything not listed there, in this Act or in another law is transferable.
- Other laws can add limits. The words "any other law for the time being in force" mean that local land laws, special statutes and conditions attached to grants may also stop a transfer. This Act does not list them, so check the law that applies to your property. A legal due diligence review will pick up these limits before payment.
The exceptions, clause by clause
| Clause | What cannot be transferred (as printed) |
|---|---|
| (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 |
| (b) | A mere right of re-entry for breach of a condition subsequent, to anyone except the owner of the property affected |
| (c) | An easement, apart from the dominant heritage |
| (d) | All interest in property restricted in its enjoyment to the owner personally |
| (dd) | A right to future maintenance, in whatsoever manner arising, secured or determined |
| (e) | A mere right to sue (some words are shown as omitted in the copy) |
| (f) | A public office, or the salary of a public officer, whether before or after it becomes payable |
| (g) | Stipends allowed to military, naval, air-force and civil pensioners of the Government, and political pensions |
| (h) | A transfer opposed to the nature of the interest, made for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872, or to a person legally disqualified to be transferee |
| (i) | A tenant with an untransferable right of occupancy, the farmer of an estate on which revenue is in default, or the lessee of an estate under a Court of Wards, may not assign his interest as such |
Clause (dd) and clause (i) are printed in square brackets in the copy consulted, which marks amended or inserted wording.
(a) Mere possibilities
An heir-apparent's chance of succeeding to an estate is only a hope, not property that exists today. Likewise a relative's chance of getting a legacy when a kinsman dies. Example: Vikram Sethi cannot sell his expectation of inheriting his uncle's house, because his uncle is alive and the house is not yet his.
(b) Right of re-entry
A bare right to re-enter for breach of a condition cannot be passed on, except to the owner of the property affected. It stays with the person who holds it unless it goes to the owner.
(c) Easement
An easement such as a right of way cannot be transferred apart from the dominant heritage, that is, the land that enjoys the benefit. It travels with that land. See our guide to easements and the Transfer of Property Act.
(d) Personal enjoyment
An interest restricted in its enjoyment to the owner personally cannot be transferred by him. Example: if a document gives a person a right to live in a house only for his own personal use, he cannot hand that right over to somebody else.
(dd) Future maintenance
A right to future maintenance, however it arises or is secured or determined, cannot be transferred. The text is flat on this point.
(e) Mere right to sue
A bare right to bring a suit cannot be transferred. The copy shows words after "sue" as omitted. The clause is quoted as printed; check the current text for exact wording.
(f) and (g) Public office, salary, stipends and pensions
A public office cannot be transferred, nor can the salary of a public officer, before or after it has become payable. Stipends allowed to military, naval, air-force and civil pensioners of the Government, and political pensions, also cannot be transferred.
(h) Three further bars
No transfer can be made:
- in so far as it is opposed to the nature of the interest affected;
- for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872; or
- to a person legally disqualified to be transferee.
The text refers to section 23 of the Indian Contract Act, 1872 as printed; our article on section 23 of the Indian Contract Act, 1872, lawful consideration and lawful object explains that Act, and the current text of the Contract Act should be checked.
(i) Tenants, farmers and lessees of certain estates
Nothing in section 6 authorises three persons to assign their interest: a tenant with an untransferable right of occupancy; the farmer of an estate in respect of which default has been made in paying revenue; and the lessee of an estate under the management of a Court of Wards. This clause is a caution that section 6 does not give them a power to transfer.
Practical checks
Example: Meena Pillai wants to buy a flat from Raj Thomas. Raj says he has a "right to sue" a builder for delay and will sell that right to Meena as part of the deal. Under clause (e), a mere right to sue cannot be transferred. Meena should not pay for it as if it were property. If Raj also owns the flat itself, the flat can be dealt with under the sale rules; the unrelated claim cannot be bundled in.
A short checklist:
- Ask whether the interest is a present, existing interest or only a hope or chance.
- Ask whether it is personal to the owner (rights given only for his own use).
- Check whether the right is tied to other land, as an easement is.
- Read the document that created the interest to see whether it restricts transfer.
- Look for other laws that bar or limit transfer of this type of property.
- Confirm that the transferee is not legally disqualified.
Our other articles cover related rules: section 5, transfer of property defined, section 7, who is competent to transfer, and section 3, immovable property.
Need help checking whether an interest can be transferred?
If you are about to buy, sell, mortgage or gift an interest and are not sure it is transferable at all, a careful review of the title papers and the governing law saves cost later. Our team can do this through legal due diligence.
Key takeaways
- The general rule is that property of any kind may be transferred, subject to this Act and any other law in force.
- Mere possibilities, bare rights of re-entry (except to the owner), easements apart from the dominant heritage and interests personal to the owner cannot be transferred.
- A right to future maintenance, a mere right to sue, a public office, public salary and specified stipends and pensions cannot be transferred.
- A transfer is barred if opposed to the nature of the interest, for an unlawful object or consideration, or to a legally disqualified person.
- Clause (i) gives no power to assign to certain tenants, farmers and lessees.
- Later amendments and State changes should be checked.
Read next
- Section 5: transfer of property defined and living person
- Section 7: persons competent to transfer property
- Sections 8 and 9: operation of transfer, legal incidents and oral transfer
- Easements and TPA -- Right of Way and Light
Disclaimer: Based on a publisher's print of the Transfer of Property Act, 1882 showing amendments up to the Transfer of Property (Amendment) Act, 2002 (3 of 2003), as consulted on 2 October 2026. State amendments, later amendments, stamp duty and registration charges are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.