Under section 10 of the Transfer of Property Act, 1882, as in force on 6 November 2026, outside its…
Section 10 generally invalidates a condition absolutely restraining alienation, rather than invalidating the transfer itself. The provision contains specified exceptions;…
Choose your answer
Under section 10 of the Transfer of Property Act, 1882, as in force on 6 November 2026, outside its stated exceptions, what is the effect of a condition absolutely restraining a transferee from disposing of the transferred interest?
Answer and explanation
Correct answer A
Section 10 generally invalidates a condition absolutely restraining alienation, rather than invalidating the transfer itself. The provision contains specified exceptions; section 9 concerns oral transfers and is not the restraint provision.
Option feedback
Option A
The absolute restraint condition is void under section 10 in the stated non-exception case.
Option B
The statutory consequence is voidness of the condition, not a merely voidable condition.
Option C
The statutory consequence is voidness; describing it only as illegal does not answer the question.
Option D
The condition is void in the stated case, not partly valid.
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