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A transfer of an actionable claim is usually called an assignment thereof. Section 3 of the Transfer of Property
Act, 1882 defines an actionable claim as:
โActionable claim means a claim to any debt, other than a debt secured by mortgage of immovable property
or by hypothecation or pledge of moveable property or to any beneficial interest in moveable property not in
the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording
grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent.โ
**DEEDS OF ASSIGNMENT**
An assignment is a form of transfer of property and it is commonly used to refer the transfer of an actionable
claim or a debt or any beneficial interest in movable property.
A transfer of an actionable claim is usually called an assignment thereof. Section 3 of the Transfer of Property
Act, 1882 defines an actionable claim as:
โActionable claim means a claim to any debt, other than a debt secured by mortgage of immovable property
or by hypothecation or pledge of moveable property or to any beneficial interest in moveable property not in
the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording
grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent.โ
The term assignment is, however, of wider import. It is well settled that a transfer of property clearly contemplates
that the transferor has an interest in the property which is sought to be conveyed. Section 130 of the Transfer of
Property Act, 1882 lays down the mode of transfer of actionable claim. It prescribes:
(1) 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 authorised agent, and 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 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 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 transferorโs consent to
such suit or proceedings, and without making him a party thereto.โ
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