As a general rule under Section 10 of the Transfer of Property Act, 1882, what is the effect of a…
Section 10 generally makes an absolute restraint on alienation void. The restraint itself fails without invalidating the transfer on that ground. The section excepts a lease…
Choose your answer
As a general rule under Section 10 of the Transfer of Property Act, 1882, what is the effect of a condition that absolutely restrains a transferee from disposing of their interest in the property?
Answer and explanation
Correct answer B
Section 10 generally makes an absolute restraint on alienation void. The restraint itself fails without invalidating the transfer on that ground.
The section excepts a lease condition for the benefit of the lessor or those claiming under the lessor. Its proviso also permits a restraint during marriage on a transfer to or for the benefit of a woman who is not Hindu, Muslim or Buddhist.
Option feedback
Option A
A restraint can be valid under a statutory exception, but validity is not the general rule for absolute restraints.
Option B
Section 10 makes the condition void under its general rule.
Option C
Section 10 specifies that the condition is void. It does not classify the condition as an offence.
Option D
The restraint is void under the general rule without a party having to avoid it.
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