Actionable claim
This query is : Resolved
Mayank Shah
(Querist)
18 April 2017
what is actionable claim and examples for the same
Guest
Guest
(Expert)
19 April 2017
I Actionable claim has been defined in section 2(1) as follows: (1) “actionable claim” shall have the meaning assigned to it in section 3 of the Transfer of Property Act, 1882;
The said section 3 reads as follows : ‘“actionable claim” means 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 recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent.’
For examples : (a) A claim for arrears of rent has been held to be an actionable claim.
(b) A right to the credit in a provident fund account has also been held to an actionable claim
The said section 3 reads as follows : ‘“actionable claim” means 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 recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent.’
For examples : (a) A claim for arrears of rent has been held to be an actionable claim.
(b) A right to the credit in a provident fund account has also been held to an actionable claim
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