The section 10 of Transfer of Property Act, 1882 deals with conditions restraining alienation.
Section 10 states that a transfer of property that imposes a condition, restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, is void.
However, there are certain exceptions mentioned in the section itself. Conditions restraining the transferee from transferring the property absolutely are generally void, with certain qualifications.
The conditions that are imposed for the benefit of the transferor or persons claiming under him are valid.
An example might be a condition in a property transfer that the transferee cannot sell the property for a specified period. The validity of such a condition would depend on various factors. It includes whether it is for a reasonable period and is not against public policy.
Thus, with the above explanation the
section 10 of TPA
should be cleared.
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What is Section 10 of Transfer of Property Act?
Kalpesh Kushwaha
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2023-12-29T14:00:12+00:00 2024-01-03T10:39:04+00:00Comment
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