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about claim

(Querist) 02 August 2008 This query is : Resolved 
Can we claim for lottery draw if we won in india.
KamalNayanSaxena (Expert) 02 August 2008
A sale of a lottery ticket confers on the purchaser thereof two rights
(a) a right to participate in the draw and
(b) a right to claim a prize contingent upon his being successful in the draw.

Both would be beneficial interests in movable property, the former "in praesenti", the latter "in futuro" depending on a contingency, lottery tickets, not as physical articles, but as slips of paper or memoranda evidence not one but both these beneficial interests in movable property which are obviously capable of being transferred, assigned or sold and on their transfer, assignment or sale both these beneficial interests are made over to the purchaser for a price.

Moreover, on the date of the purchase of the ticket, the entitlement to participate in the draw can be said to have been delivered unto the possession of the purchaser who would be enjoying it from the time he has purchased the ticket and as such it would be a chose in possession while the other would be actionable claim or a chose in action.

It is thus clear that a transfer of the right to participate in the draw which takes place on the sale of a lottery ticket would be a transfer of beneficial interest in movable property to the purchaser and therefore, amounts to transfer of goods and to that extent it is no transfer of an actionable claim; to the extent that it involves a transfer of the right to claim a prize depending on a chance it will be an assignment of an actionable claim.


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