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

The document discusses conditions restraining the alienation of property and restrictions that are repugnant to the interest created in a property. It outlines general principles regarding conditional transfers of property, repugnant conditions that impose absolute or partial restraints, and exceptions. The document also references several court cases related to issues of restricting the transfer of property based on religion or imposing covenants through negative or positive obligations.

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Saurabh Raj
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124 views

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

The document discusses conditions restraining the alienation of property and restrictions that are repugnant to the interest created in a property. It outlines general principles regarding conditional transfers of property, repugnant conditions that impose absolute or partial restraints, and exceptions. The document also references several court cases related to issues of restricting the transfer of property based on religion or imposing covenants through negative or positive obligations.

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-

13
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 24/01/2018
Lecture-
13
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 24/01/2018
Lecture-
13
Transfer of Property
(Property)

 Zoroastrian Co-operative Housing Society Ltd v


District Registrar Co-operative Societies (2005)
5 SCC 632. (right to form associations/ societies
excluding others on the basis of religion, upheld).
 Damayanti Naranga v Union of India (1971) 1 SCC
678.
 Daman Singh v State of Punjab (1985) 2 SCC 670.

 Tulk v Moxhay (1843-60) All ER 9.

Slide-3 24/01/2018

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