What kind of interest must the transfer create for the rule in the first paragraph of section 11 of the…
The first paragraph of section 11 of the Transfer of Property Act, 1882 concerns an absolute interest coupled with a direction about how to enjoy it. The second paragraph…
Choose your answer
What kind of interest must the transfer create for the rule in the first paragraph of section 11 of the Transfer of Property Act, 1882 to apply to a direction about enjoyment?
Answer and explanation
Correct answer B
The first paragraph of section 11 of the Transfer of Property Act, 1882 concerns an absolute interest coupled with a direction about how to enjoy it. The second paragraph preserves enforcement of certain directions concerning one piece of immovable property for the beneficial enjoyment of another.
Option feedback
Option A
Section 11 requires an absolute interest. A grant for a fixed period is limited.
Option B
The first paragraph applies when the transfer creates an absolute interest and also directs a particular manner of enjoyment.
Option C
A life interest is limited to a life and does not meet the absolute-interest condition.
Option D
An interest still contingent on an uncertain event does not supply an absolute interest for applying the rule at that point.
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