M.P. Civil Judge 2019 Paper I

What is "Actionable Claim" & how it can be transferred?

Verified Answer
  1. Core Legal Answer & Context: An "actionable claim" is defined under Section 3 of the Transfer of Property Act, 1882 (TPA). It refers to a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent.

In simpler terms, an actionable claim is an unsecured debt or a right to claim movable property not yet in possession, which can be enforced through a court action. Examples include claims for arrears of rent, unsecured loans, or a partner's right to sue for accounts of a dissolved partnership.

How it can be transferred (Section 130 TPA): An actionable claim can be transferred by an instrument in writing. This instrument must be signed by the transferor or by his duly authorized agent. The transfer can be express or implied. Upon such transfer, all the rights and remedies of the transferor, whether by way of damages or otherwise, vest in the transferee, whether notice of the transfer is given or not.

Key aspects of transfer:

  • Written instrument: The transfer must be in writing and signed.
  • Vesting of rights: The transferee acquires all the rights and remedies of the transferor.
  • Subject to equities: The transferee takes the actionable claim subject to all liabilities and equities to which the transferor was subject at the date of the transfer (Section 132 TPA). This means the debtor can raise the same defenses against the transferee as they could against the original creditor.
  • Notice: While notice to the debtor is not essential for the validity of the transfer, it is crucial for the transferee to protect their interest against subsequent transfers or payments made by the debtor to the original transferor (Section 131 TPA).
  1. Relevant Statutes and Sections: Section 3 (definition) and Sections 130 to 137 (transfer of actionable claims) of the Transfer of Property Act, 1882.

  2. Important Landmark Cases:

  • Sunrise Associates v. Govt. of NCT of Delhi: The Supreme Court held that a lottery ticket is an actionable claim, as it represents a right to claim a prize money, which is an unsecured debt.
  • Doraiswami v. Arunachala: Clarified that a mere right to sue for damages is not an actionable claim, but a right to recover a specific sum of money is.
  1. Clear Conclusion: An actionable claim is an unsecured right to a debt or beneficial interest in movable property, enforceable through legal action. It can be transferred through a signed written instrument, vesting all rights and remedies in the transferee, though the transferee assumes the claim subject to existing liabilities and equities, making notice to the debtor advisable for practical protection.