- In Section 10 of the Transfer of Property Act 1882, the principle of the rule against alienation is given.
- The concept of transferring property to someone else with the condition that further make the transfer of it impossible or restrain from doing so is talked about under Section 10 of the Transfer of Property Act 1882.
- If there is a condition on transferring of the property which restricts the free transfer of it, then Section 10 of the Transfer of Property Act, 1882 will come into action. This section makes these types of conditions void.
What is the Transfer of Property?
- In the lives of humans, property holds a great amount of value, not only economically and physically but also emotionally.
- Not only it gives a sense of economic value, but it also makes us feel settled and secure. But sometimes people need to transfer these properties to someone due to whatever reasons like gift deeds. Most of the time, keep it inside the Family or maybe to a close one.
- In the Transfer of Property Act 1882, the laws regarding the transfer of property were discussed thoroughly for all.
- Legal consultancy services mostly talk about the problems associated with alienation in Section 10 of the Transfer of Property Act 1882.
What is Alienation in the Transfer of Property Act, 1882?
Section 10 of the Transfer of Property Act of 1882 talks about the rules related to the transfer of property through alienation; from Section 10 to Section 18 in the Transfer of Property Act 1882, it has been described.
- This simply means transferring property through any means, such as gift deeds, mortgages, and sales.
- No one in the Hindu joint family has the power to alienate the property as per Section 10 of the Transfer of Property Act 1882.
- However, this was done earlier under the old customary laws.
What does Section 10 of the Transfer of Property Act 1882 actually say?
Section 10 of the Transfer of Property Act 1882 talks about the Condition restraining alienation as it says:
“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.”
Illustration of Section 10 of the Transfer of the Property Act, 1882
If there is a person P who is transferring property to another person, Q imposes a condition on Q to not transfer it to someone else until and unless person P dies by himself. This condition will be held void in the court of law under section 10 of the Transfer of Property Act 1882.
What are Absolute restrictions?
In Section 10 of the Transfer of Property Act 1882, the restrictions on the transfer of the property have been described in two folds such as absolute and partial. In the cases of absolute restraint on the transfer of property, only Section 10 of this act applies. The conditions under this category are termed void.
- Section 10 of the Transfer of Property Act 1882 talks about how there should be no restrictions on the part of the transferee so that he could transfer his vested interest in the property.
- One of the famous cases of this Section 10 of the Transfer of Property Act, 1882, is Rosher versus Rosher in the year 1884, which held absolute conditions void.
There are exceptions to section 10 of the Transfer of Property Act of 1882
- When there is a property that is given on the lease, a lease is a property where the right for the enjoyment of the property is given to the lessee, the person who owns the lease. So the absolute restriction will be valid in the cases of Lease.
- In the cases of married women from any other religion other than Hinduism, that too only for Islam or Buddhism, the condition on them is also valid, which is the exception of Section 10 of the Transfer of Property Act, 1882.
There are a few important cases, such as Mohd Raza versus Abbas Bandibibi in 1932, Kannamal versus Rajeshwari in the year 2004, and Mamta Prasad versus Nageshwar Sahai in the year 1927. All these cases held the imposition of the absolute condition void under this Act.
- Section 10 of the Transfer of Property Act 1882 talks about the alienation of the transfer of property by an absolute restraining condition; this section is a common case often observed in Indian legal consultancy services.
- Section 10 of the Transfer of Property Act 1882 talks about the same. This Act has always been up for the protection of the free transfer of property in the country.