CHANAKYA NATIONAL LAW

UNIVERSITY

ROUGH DRAFT OF

PROPERTY LAW

ON

CONDITION RESTRAINING ALIENATION

SUBMITTED TO: SUBMITTED BY:

Dr. B.R.N Sharma Abhishek Kumar

(Faculty of Property Law) Roll no - 1804

Semester – 3RD

Session – 2017-2022
 INTRODUCTION

Section 10, condition restraining alienation — “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 of limitation is
void. Except in the case of lease where this 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 woman
(not being a Hindu, Mohammedan or Buddhist) so that she shall not have p transfer or charge
the same for her beneficial interest therein”.

This is based on the general rule of jurisprudence “alienatio rei prae fertur juri accrescendi”
that is to say that alienation is favoured by law rather than accumulation. This is general
economic principal that there should be free circulation and disposition of property. An
absolute restart is repugnant to the nature of the estate and is an exception to the very essence
of the grant.

TENTATIVE CHAPTERIZATION
1) Introduction
2) Alienation
3) Condition restraining alienation
4) Case laws
5) Conclusions

AIMS AND OBJECTIVES

This research is done to :Study about the conditions restraining alienation for a property
mentioned under section 10 of Transfer of Property Act 1882.

RESEARCH METHODOLOGY
Primary method of research was adopted in making of this project. Various literary works
and reports from the library and the internet were used extensively in collecting the data
essential for this study.

The method of writing used in this project is primarily analytical.

 BIBLIOGRAPHY
1. The transfer of property act by Dr. Avtar Singh.
2. Transfer of property act by Dr. G.P.Tripathi.
3. https://www.quora.com/What-is-a-alienation-as-per-the-Transfer-of-Property-Act-of-
1882
4. http://www.legalservicesindia.com/article/1765/condition-restraining-alienation-.html
5. http://www.legalblog.in/2011/03/alienation-differentiated.html