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What is actionable claim?

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Uma asked almost 3 years ago

What is actionable claim?

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7 Answers
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Vishal Goel answered almost 2 years ago

Example of Actionable Claim : The benefit of a contract giving an option to purchase the land. Claim for arrears of rent. Claim for rent to fall due in future. An option to repurchase the properties sold. Earnest money becoming repayable Dividend due on shares Amount due under a policy of life insurance Fixed deposit receipts

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 narahari answered over 2 years ago

Actionable claim is dealt in section 3 of The Transfer of Property Act. If we go by the definition we find that the definition given is not an inclusive one. It tells us what all are excluded from the purview of actionable claim.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 veeru answered almost 3 years ago

An actionable claim is a claim to any debt or to any beneficial interest in movable property. It Excludes the claims to such debts as are secured by mortgage, hypothecation or pledge of movable or immovable property and claims to any beneficial interest in movable property that is in actual or constructive possession of the claimant.

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Data?1494421730 rohit awasthi answered almost 3 years ago

Hello "Actionable claim" Sec. 3 of TP Act defines actionable claim to a claim: -------To any debt other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property -------To any beneficial interest in movablesd not in possession 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. Actionable claim means: ---A claim to an unsecured debt or ---A claim to any beneficial interest in movable property not in possession of the claimant Thanks

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 lochan answered almost 3 years ago

**ACTIONABLE CLAIM** Hi, Actionable claim means a right to take action in the court of law to recover an unsecured debt. Usually an actionable claim cannot be transferred .However if it is to be transferred then a written registered agreement as required in transfer of immovable property is to be made. If a prior transfer of actionable claim is then a subsequent transfer of actionable claim is not valid. Thanks

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Picsjoin 2017224123730582 Archana answered almost 3 years ago

Hie Uma, **Definition of Actionable Claim is as follows :-** As per Section 3 of the Transfer of Property Act, 1882 "Actionable Claim is 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 possession either actual or constructive, of the claimant, which the civil courts recognise as affording grounds of relief whether such debt or beneficial interest be existent, accruing or conditional or contingent."

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Alokita answered almost 3 years ago

Dear Uma Actionable claim is dealt in section 3 of The Transfer of Property Act. If we go by the definition we find that the definition given is not an inclusive one. It tells us what all are excluded from the purview of actionable claim. An actionable claim is a claim to any debt or to any beneficial interest in movable property. It Excludes the claims to such debts as are secured by mortgage, hypothecation or pledge of movable or immovable property and claims to any beneficial interest in movable property that is in actual or constructive possession of the claimant. some of the examples of actionable claims are as follows - -- Claims of arrears of rent -- Benefits of executory contract for the purchase of goods.

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