Section 129 in The Transfer of Property Act, 1882

Title: Saving of donations mortis causa and Muhammadan law.

Description: Nothing is this Chapter related to gifts of moveable property made in contemplation of death, or shall be deemed to affect any rule of Muhammadan law 1***. 1. The words and figures "or, save as provided by section 123, any rule of Hindu or Buddhist law" omitted by Act 20 of 1929, s. 61.

Title: Transfer of actionable claim.

Description: 1(1) The transfer of an actionable claim 2[whether with or without consideration] shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, 3*** shall be complete and effectual upon the execution of such instrument, 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 debt or other actionable claim by the debt or 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 claim, 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 proceedings and without making him a party thereto. Exception.-- Nothing in this section applies to the transfer of a marine or fire policy of insurance 4[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) A 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 the provisions of section 132. 1. Subs. by Act 2 of 1900, s. 4, for the original Chapter VIII. 2. Ins. by Act 20 of 1929, s. 62. 3. The words and figures "and notwithstanding anything contained in section 123" ins. by Act 38 of 1925, s. 2, omitted by Act 20 of 1929, s. 62. 4. Added by Act 4 of 1938, s. 121 (w.e.f. 1-7-1939).

Title: Repealed

Description: 1[130A.Transfer of policy of marine insurance.] Rep. by the Marine Insurance Act, 1963 (11 of 1963), s. 92 (w.e.f. 1-8-1963).] 1. Ins. by Act 6 of 1944, s. 2.

Title: Notice to be in writing, signed.

Description: Every notice of transfer of an actionable claim shall be in writing, signed by the transferor or his agent duly authorised 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.

Title: Liability of transferee of actionable claim.

Description: The transferee of an actionable claim shall take it subject to all the liabilities and equities to which the transferor was subject in respect thereof at the date of the transfer. Illustrations (i) A transfers to C a debt due to him by B, A being then indebted to B. C sues B for the debt due by B to A. such suit B is entitled to set off the debt due by A to him; although C was unaware of it at the date of such transfer. (ii) A executed a bond in favour of B under circumstances entitling the former to have it delivered up and cancelled. B assigns the bond to C for value and without notice of such circumstances. C cannot enforce the bond against A.