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Transfer of Property: - Condition Restraining Alienation (S. 10)

This document discusses conditions that can be placed on the transfer of property under Indian law. It outlines general principles regarding conditional transfers, repugnant conditions that constitute absolute or partial restraints on alienation, and exceptions. Restrictions that are repugnant to the interest created in the property are also examined, along with the distinction between sections 10 and 11 of the law governing this area.

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Saurabh Raj
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81 views

Transfer of Property: - Condition Restraining Alienation (S. 10)

This document discusses conditions that can be placed on the transfer of property under Indian law. It outlines general principles regarding conditional transfers, repugnant conditions that constitute absolute or partial restraints on alienation, and exceptions. Restrictions that are repugnant to the interest created in the property are also examined, along with the distinction between sections 10 and 11 of the law governing this area.

Uploaded by

Saurabh Raj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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Lecture-

9
Transfer of Property
• Condition restraining (Property)
alienation (s. 10)
• General principle
• Conditional transfer
– Conditions precedent
– Conditions subsequent
• Repugnant conditions
– Absolute restraint
• Underlying principle
• Restraints on transfer for a particular time
• Restraints directing control over consideration/money
• Restraints with respect to persons/transferee
• Restraints with respect to sale for particular purpose/use of property
– Partial restraint
• Exceptions
Slide-1 20/01/2015
Lecture-
9
Transfer of Property
(Property)
• Restriction repugnant to interest created (s. 11)
– General principle
– Absolute interest
– Essentials
– Covenants
• Positive or negative
– Distinction between sections 10 and 11
– Exceptions

Slide-2 20/01/2015

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