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Section 10 - Condition restraining alienation : Transfer of Property Act, 1882

 

 

What is the Condition restraining alienation? Section 10 of Transfer of Property Act, 1882

Section 10 of Transfer of Property Act 1882 : "Condition restraining alienation"

10. Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him:

Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.

 
 

TRANSFER OF PROPERTY ACT 1882

Section 2 - Repeal of Acts - Saving of certain enactments, incidents, rights, liabilities, etc

Section 3 - Interpretation clause

Section 4 - Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act

CHAPTER II
OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
A - Transfer of property, whether movable or immovable

Section 5 - Transfer of property defined

 

 

Section 6 - What may be transferred

Section 7 - Persons competent to transfer

Section 8 - Operation of transfer

Section 9 - Oral transfer

Section 10 - Condition restraining alienation

 

 

Section 11 - Restriction repugnant to interest created

Section 12 - Condition making interest determinable on insolvency or attempted alienation

Section 13 - Transfer for benefit of unborn person

Section 14 - Rule against perpetuity

Section 15 - Transfer to class some of whom come under sections 13 and 14

 

 

Section 16 - Transfer to take effect on failure of prior interest

Section 17 - Direction for accumulation

Section 18 - Transfer in perpetuity for benefit of public

Section 19 - Vested interest

Section 20 - When unborn person acquires vested interest on transfer for his benefit

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