An actionable claim is a claim to an unsecured debt or a beneficial interest in movable property not in possession, recognized by civil courts. It is transferable under Section 130 of the Transfer of Property Act, 1882, and is classified as "goods" under GST law.
The Supreme Court in Giriyappa & Anr. v. Kamalamma & Ors. reaffirmed that Section 53A of the Transfer of Property Act requires strict compliance with statutory prerequisites, including a valid written contract, lawful possession, and willingness to perform obligations.
The Doctrine of Lis Pendens, under Section 52 of the Transfer of Property Act, 1882, prevents property transfers during ongoing litigation. It ensures the disputed property's status remains unchanged, protecting litigants' rights and upholding judicial authority.
The Doctrine of Part Performance, under Section 53A of the Transfer of Property Act, 1882, protects transferees who act in good faith on an unregistered property agreement. It ensures fairness by barring transferors from denying rights after part performance of the contract.
Islamic inheritance law, rooted in Quranic principles, ensures structured asset distribution among heirs, emphasizing tenants-in-common rights. Differences exist in Sunni and Shia laws, including doctrines like Radd and Aul.