https://www.taxtmi.com/caselaws?id=275759 In successive hypothecations of an actionable claim, priority turns on the date of execution of the written transfer, not the date of notice to the debtor. Under Section 130 of the Transfer of Property Act, title passes and becomes effectual on execution by the transferor, so the earlier transferee acquires rights first. Notice to the debtor matters only to protect the debtor if payment is made before notice; it does not control inter se priority between rival transferees. The English notice-based rule was held inapplicable where the statute makes completion of transfer depend on execution alone, and priority remained with the earlier transferee. en-us Thu, 02 May 1935 00:00:00 +0530 Mon, 15 Oct 2018 18:17:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275759 In successive hypothecations of an actionable claim, priority turns on the date of execution of the written transfer, not the date of notice to the debtor. Under Section 130 of the Transfer of Property Act, title passes and becomes effectual on execution by the transferor, so the earlier transferee acquires rights first. Notice to the debtor matters only to protect the debtor if payment is made before notice; it does not control inter se priority between rival transferees. The English notice-based rule was held inapplicable where the statute makes completion of transfer depend on execution alone, and priority remained with the earlier transferee. Case-Laws Indian Laws Thu, 02 May 1935 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275759