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Ravi sells a house outright to Zoya but directs that she must live in it. The direction does not secure…

Under section 11, a transferee who receives an absolute interest may take, enjoy and dispose of it as if a direction prescribing a particular mode of enjoyment were absent.…

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Ravi sells a house outright to Zoya but directs that she must live in it. The direction does not secure beneficial enjoyment of any other immovable property. What is its effect under section 11 of the Transfer of Property Act, 1882?

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Answer and explanation

Correct answer A

Under section 11, a transferee who receives an absolute interest may take, enjoy and dispose of it as if a direction prescribing a particular mode of enjoyment were absent.

The provision preserves possible enforcement rights for directions securing the beneficial enjoyment of another piece of immovable property. The facts exclude that situation.

Option feedback

Option A

Section 11 permits an absolute transferee to enjoy and dispose of the interest as if the repugnant direction did not exist.

Option B

The direction is ineffective on these facts without requiring a waiver.

Option C

The sale grants an absolute interest. The direction does not turn it into a life interest.

Option D

Section 11 disregards the direction on these facts and does not invalidate the transfer.

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