The Concept of Transfer of Actionable Claims in Indian Law
Introduction: The transfer of actionable claims is a crucial concept in Indian law, particularly concerning movable property and debts. An actionable claim refers to a right that can be enforced through legal action, such as claims for the recovery of money or movable property. Governed primarily by the Transfer of Property Act, 1882 , and the Code of Civil Procedure, 1908(CPC) , this legal framework outlines how actionable claims can be transferred. In Transfer of Property Act it allows the transfer of such claims, distinguishing between movable and immovable property, while the CPC provides the procedural aspects for enforcing these claims in court. In practice, the transfer of actionable claims plays a vital role in commercial transactions, such as debt recovery, factoring, and litigation funding, enabling businesses and individuals to assign rights for immediate financial gain. Understanding these provisions is essential for those involved in legal, financial, or business activi...