Rajasthan Judiciary Pre 2011

Which one of the following is not an actionable claim?

Verified Answer
A. Claim for arrears of rent
B. Provident fund payable after retirement
C. A share in partnership
D. A secured debt

Explanation:

Section 3 of the Transfer of Property Act, 1882, defines an actionable claim as a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property. Therefore, a secured debt is explicitly excluded from the definition of an actionable claim.