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Which provision of the Transfer of Property Act, 1882 lays down the general rule that a condition…

Under Section 10, an absolute restraint on disposing of the transferred interest is generally void. The section expressly excepts a lease condition for the benefit of the…

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Which provision of the Transfer of Property Act, 1882 lays down the general rule that a condition absolutely restraining a transferee from disposing of the transferred interest is void?

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Answer and explanation

Correct answer A

Under Section 10, an absolute restraint on disposing of the transferred interest is generally void. The section expressly excepts a lease condition for the benefit of the lessor or those claiming under the lessor.

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Option A

Section 10 sets out the general rule against an absolute restraint on alienation. A lease condition for the benefit of the lessor or those claiming under the lessor is an express exception.

Option B

Section 9 concerns oral transfers where writing is not expressly required by law.

Option C

Section 8 concerns the operation of a transfer and the interests and incidents that pass.

Option D

Section 7 identifies the persons competent to transfer property.

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