Section 11: Restriction repugnant to interest created

Questions on this section

2 questions in 11 of our papers cite Section 11. Try these from the free papers:

1. 1. Under the second paragraph of Section 11 of the Transfer of Property Act, 1882, where a direction about the manner of enjoyment of an absolutely transferred interest has been made in respect of one piece of immoveable property for the purpose of securing the beneficial enjoyment of another piece of such property:

   A.the transferor's right to enforce the direction, and his remedy for its breach, are not affectedB.the direction binds the transferee only if it is registered as an easement on the propertyC.the direction is void, and the transferee may disregard it as if it had never been made at allD.the direction operates as a condition subsequent, so that its breach defeats the interest
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2. 2. Under Section 11 of the Transfer of Property Act, 1882, where an interest is created absolutely in favour of a person but the terms of the transfer direct that it shall be enjoyed by him in a particular manner, and the direction is not for the beneficial enjoyment of another property of the transferor:

   A.he must enjoy the interest only in the manner directed, failing which it is forfeitedB.he may receive and dispose of the interest as if there were no such directionC.the whole transfer becomes void, since the direction is repugnant to the interestD.the direction binds him for his life but does not bind persons claiming under him
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