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.
CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (A) Transfer of Property, whether moveable or immoveable
Section 10: Condition restraining alienation
The Transfer of Property Act, 1882
Questions on this section
2 questions in 14 of our papers cite Section 10. Try these from the free papers:
1. Consider the following statements regarding Section 10 of the Transfer of Property Act, 1882: 1. A condition in a lease absolutely restraining the lessee from assigning his interest, where the condition is for the benefit of the lessor, is not void under Section 10. 2. Section 10 applies only to transfers of immoveable property. 3. 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 it. Which of the statements given above is/are correct?
2. Assertion (A): A condition in a gift deed that the donee and his heirs shall never sell, mortgage or otherwise transfer the gifted house is void. Reason (R): Under Section 10 of the Transfer of Property Act, 1882, a condition absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property is, subject to the exceptions stated in that section, void. Select the correct answer: