A brief note on Actionable Claim
As per section 3 of transfer of property Act 1882, “Actionable claim” means a claim to any
debt, other than
a debt secured by mortgage of immoveable 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.
Actionable claim means a claim for any debt which is related to any benefit arising out from any
movable property which is not in possession and for which relief can be claimed in civil court.
Further It means that for which action is necessary to take the claim of it and if any action for its
realisation being not taken then it can’t be said as actionable claim
Below are some examples of Actionable claims: –
Insurance Policy which is not secured by way of mortgage or hypothecation or pledge
Claim for arrear of rent is actionable claim since it is not secured on anything.
Right to claim provident fund
Claim for unsecured debt
Claim in profit by partner in firm
