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restraint on alienation of property

29. november, 2020

Mai Ajánlat

0

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It is only a condition which absolutely restrains the transferee from disposing of the interest that is rendered void. Thus, the two main conditions are that the woman should be married and she should not be Hindu, Mohammedan or Buddhist. The first one is where the condition has to be complied with or fulfilled before a transfer could be affected and subsequent condition is where condition is fulfilled after the transfer is complete. The rule protected women from being forced to alienate their property in favour of their husbands. The Transfer of Property Act, 1882 (hereinafter referred as ‘the Act’) enunciates various rules relating to alienation of property under Sections 10 to 18. 52), [12] ‘The Transfer of Property Act’ (Eighteenth Edition 2014) by Dr. G.P. Save with the help of law, no other person can interfere with this power or right of the owner or dictate to him, what should be the manner of alienation, should he alienate or not, or even what kind of use it should be put to. A transferee of leased property for a term of years, under the general rule enacted by Section 10 of the Act should be entitled to transfer his lease-hold interest, though of course he cannot create an estate which will endure beyond his own term. even when the owner has the right over the property he has full authority to deal with the property in any manner, but under certain circumstances this power to alienate property has some restrictions, as mentioned under sec 10 to 18. Where the restraint does not take away the power of alienation absolutely but only restricts it to certain extent, it is a partial restraint. Austin focused on three main attributes of ownership, namely, indefinite user, unrestricted disposition and unlimited duration. It is silent about the partial restraints. It creates such a rule so as to prevent transferors from incorporating an arbitrary condition that are repugnant to the nature of interest and thus such a restriction is statutorily prohibited. Maneka Gandhi vs Union Of India – Case Summary. These sections put restrictions on alienation and insist on free circulation of property. Condition Subsequent), the transfer would remain completely valid till a time there is no condition that prevents the transferee from disposing of or parting with his interest in the property. Section 10 has only provided for absolute restraints. An absolute right to dispose of the property indicates that the owner can sell it for consideration or can donate it for religious or charitable purposes he may gift it to anyone, mortgage it or put it up for lease. Since alienation of property is the sole prerogative of the owner of the property, he is empowered to sell it at any point of time, for any consideration, to any person, and for any purpose. This was reiterated in the famous case of Zoroastrian Co-operative Housing Society Ltd v. District Registrar Co-operative Societies[11] a society with the object of constructing houses for residential purposes had a bye law which stated that only Parsis can be members of the society. Under Section 11, when once an interest has been created absolutely in favor of a person, no fetters can be imposed on its full and free enjoyment. For example, a person makes a gift of a property to another person (transferee) with a condition that he will not sell it. Section 10 of the Act talks about Condition Subsequent. Under Section 11, when once an interest has been created absolutely in favor of a person, no fetters can be imposed on its full and free enjoyment. Call us at- 8006553304, © 2014-2020 Law Times Journal | All Rights Reserved, Restrains on Alienation of Property under Section 10, Ownership of property, be it private, collective, or common comes with certain rights and duties over the property.

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