Legal Guide

What is Section 11 of the Transfer of Property Act?

by Bhavya Choudhary · 4 min read

Section 11 of Transfer of Property Act

Introduction

  • A property has considerable worth in a person’s life—value that extends beyond only financial, physical, and emotional considerations. It not only offers us a sense of economic worth, but it also gives us a sense of stability and security. 
  • However, there are situations when people must transfer their possessions to someone else for various reasons, such as gift deeds. 
  • Keep it mostly inside the family or maybe to a close friend. The laws governing the transfer of property have been thoroughly covered for everyone in the Transfer of Property Act of 1882. All these matters are of legal consultation.
  • Section 11 of the Transfer of Property Act of 1882 talks about the conditions which are repugnant in the matter of the Transfers of property in the country. 

What does Section 11 of the Transfer of Property Act of 1882 say? 

Section 11 of the Transfer of Property Act of 1882 days

Where, on a transfer of property, an interest therein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receive and dispose of such interest as if there were no such direction. Where any such direction has been made in respect of one piece of immovable property to secure the beneficial enjoyment of another piece of such property, nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof.”

What are repugnant conditions?

  • In Section 11 of the Transfer of Property Act of 1882, the concept of repugnant conditions is explained; these conditions restrain the rightful owner of the land or the property.
  • Because of the already existing conditions of the last owner even after the transfer of the property has happened. 
  • Thus any conditions like these, which are retraining the right of the new owner by the past owner, is called a repugnant condition.
  • These conditions are held void in the court of law under Section 11 of the Transfer of Property Act of 1882. 

Illustrations of Section 11 of the Transfer of Property Act of 1882.

  1. In one of the famous cases of Section 11 of the Transfer of Property Act of 1882, where person Q sells or gifts of deed his property to Z only on the condition on which the Z has to do only specified farming in the land under which he is taking under the sale. This condition was made void under the court of law as in Section 11 of the Transfer of Property Act of 1882; it is mentioned that the repugnancy conditions are invalid. 
  2. There is an exception to Section 11 of the Transfer of Property Act of 1882 in which if there is land A next to land B of person P, then person P can have the right of the imposition of certain conditions which are reasonable for the land. 
  3. For example, in the above-mentioned case, P can ask for a space or way to go to land A or B, whichever is needed as per Section 11 of the Transfer of Property Act of 1882, if he has sold or given it as a gift of the deed. 

What are the positive conditions in Section 11 of the Transfer of Property Act of 1882?

These are those conditions forced on the exchange where the transferor forces a condition on the transferee to do some demonstration. For instance, an exchanges land with B, relying on the prerequisite that he will keep up with and continue to top off the well on that plot of land. This condition is positive.

What are the negative conditions in Section 11 of the Transfer of Property Act of 1882?

These are those conditions forced on the exchange when the transferor forces a condition on the transferee to not do some demonstration. For instance, an exchanges land with B, relying on the prerequisite that he will leave open a four feet wide space on the land and wouldn’t construct anything on it.

What is the difference between Section 10 and Section 11 Transfer of Property Act?

  • Section 10 determines that in an exchange with the condition that limits the estrangement of the property by the transferee, the condition will be considered to be void.
  • Section 11 of the Transfer of Property Act determines that in an exchange where outright freedoms in the property have likewise been estranged to the transferee and where a condition is forced that the transferee can’t, notwithstanding having unquestionably the directly in the property, do a represent his delight in the property; the such condition will be considered to be void.
  • Subsequently, the difference in these sections is that in Section 10, the condition is considered void because of outright restraint, and in Section 11, the condition is considered void because of the exchange being of outright nature.

Conclusion 

Section 11 of the Transfer of the Property Act of 1882 talks about the repugnancy conditions on the transferee during the transfer of property, which is also a partial restraining condition, this section is a common case often observed in Indian legal consultation.

Section 11 of the Transfer of the Property Act of 1882 talks about the same. This act has always been up for the protection of the free transfer of property in the country.

In case of any dispute relating to a property, one must consult a professional property lawyer expert.

Bhavya Choudhary

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Bhavya Choudhary

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