Under section 10 of the Transfer of Property Act, 1882, what is the effect of a condition absolutely…
Section 10 makes the absolute restraint void in the circumstances stated. The rule operates on the condition. The section expressly excepts a lease condition for the benefit…
Choose your answer
Under section 10 of the Transfer of Property Act, 1882, what is the effect of a condition absolutely restraining a transferee from disposing of the transferred interest if no statutory exception applies?
Answer and explanation
Correct answer B
Section 10 makes the absolute restraint void in the circumstances stated. The rule operates on the condition.
The section expressly excepts a lease condition for the benefit of the lessor or a person claiming under the lessor. Its proviso also permits a specified marital restraint in the circumstances stated there.
Option feedback
Option A
The general rule invalidates an absolute restraint when no exception applies.
Option B
Section 10 makes the condition void in the stated circumstances.
Option C
Section 10 declares the condition void, so avoidance by the transferee is unnecessary.
Option D
The condition is legally void under section 10.
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