A owns two adjoining properties X and Y. A sells the property X to B and imposes a condition that for…
Section 11 generally allows the transferee of an absolute interest to disregard a direction about its enjoyment. Its second paragraph preserves a transferor’s right to…
Choose your answer
A owns two adjoining properties X and Y. A sells the property X to B and imposes a condition that for the more beneficial enjoyment of the property Y, B shall keep open a portion of property X and will not build upon it. Which of the following is correct?
Answer and explanation
Correct answer B
Section 11 generally allows the transferee of an absolute interest to disregard a direction about its enjoyment. Its second paragraph preserves a transferor’s right to enforce a direction on one piece of land for the beneficial enjoyment of another. A retained Y, and the restriction on X serves Y’s enjoyment. Section 40 separately addresses enforcement against a later gratuitous transferee or a transferee with notice.
Option feedback
Option A
Section 11 saves directions imposed for the beneficial enjoyment of another piece of immovable property.
Option B
A may enforce the restriction on X for the beneficial enjoyment of the retained land Y.
Option C
The section 11 saving is not limited to gifts.
Option D
The saving covers beneficial enjoyment, which need not amount to necessity for access.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Bihar Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Uttarakhand Judicial Services
Subject revision