Section 10 in The Transfer Of Property Act, 1882
10. Condition restraining alienation.—
Where property is transferred subject to a condition or limitation absolutely restraining
that, the patta itself is doubtful and issue of patta without condition
restraining alienation is contrary to G.O.Ms.No.1142 dated
18.06.1954, thereby ... this petitioner to substantiate her contention that there
was no condition restraining alienation of the property. The second
respondent also did not dispute the absence
moveable and immovable property are enumerated. Section 10 refers specifically to condition restraining alienation by the transferee. The provision of the Section declaring such ... judgment, applies to all transfers including gifts. Apart from the condition restraining alienation by a lessee, there is no other exception.
8. The question
Transfer of
Property Act which is to following effect:
“10. Condition restraining alienation.—
Where property is transferred subject to a
condition or limitation absolutely
restraining ... property, the condition or
limitation is void. According to Section 10 any
condition restraining the transferee the right of
alienation is void. A plain reading
property and if so, whether it will amount to a condition
restraining alienation prohibited by Section 10 of the Transfer of Property ... Counsel is that the condition imposed in
paragraph 10 in Ext.B1 partition deed is a condition restraining alienation
prohibited by Section
There is also no quarrel at the bar that a condition restraining alienation of
the property of the gift deed is not permissible ... property, the condition or limitation is void. According
to Section 10 any condition restraining the transferee the
right of alienation is void. A plain reading
which a writing is not expressly required by law. 10. Condition restraining alienation.
- Where property is transferred subject to a condition or limitation absolutely restraining ... substituted by Act VI of Samvat 1996.] . 12. Condition making interest determinable on insolvency or attempted alienation.
- Where property is transferred subject to a condition
Zoroastrian Co-Operative Housing ... vs District Registrar Co-Operative ... on 15 April, 2005
Equivalent citations
Dipak Babaria & Anr vs State Of Gujarat & Ors on 23 January, 2014
Equivalent
enjoyment to the owner personally cannot be
transferred by him.
10. Condition restraining alienation. Where
property is transferred subject to a condition or
limitation absolutely ... Property Act. When there exists such a condition; in
terms of Section 10 , an absolute restrain is void whereas partial restraint is
not. Section
