Site navigation

Section 10 of the Transfer of Property Act, 1882 generally voids a condition that absolutely restrains…

Section 10 permits an absolute restraint in a lease if it benefits the lessor or persons claiming under the lessor. A gift or exchange, as such, is not an exception. The…

Choose your answer

Section 10 of the Transfer of Property Act, 1882 generally voids a condition that absolutely restrains the transferee from disposing of the transferred interest. Which of these is an express exception?

Select one answer
Answer and explanation

Correct answer D

Section 10 permits an absolute restraint in a lease if it benefits the lessor or persons claiming under the lessor. A gift or exchange, as such, is not an exception. The section separately permits a transfer to or for the benefit of a woman who is not Hindu, Muslim or Buddhist on terms restricting her power to transfer or charge it during marriage. A pledge is a bailment of goods as security under section 172 of the Indian Contract Act, 1872.

Option feedback

Option A

Section 10 contains no general exception for gifts.

Option B

Section 10 contains no general exception for exchanges.

Option C

A pledge is a bailment of goods as security under section 172 of the Indian Contract Act, 1872. It is not an exception listed in section 10 of the Transfer of Property Act, 1882.

Option D

Correct: 'in case of lease where the condition is for the benefit of the lessor' is the accurate answer. Section 10, Transfer of Property Act, 1882: Where property is transferred subject to a condition or limitation absolutely restraining the transferee from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic