Can alienation of property be restrained?

Can alienation of property be restrained?

Can alienation of property be restrained? Section 10 lays down that where the transferee is absolutely restrained from transferring his interest in his property to another person because of a condition which came along when the property was transferred to the transferee, then this condition will be made void.

What is a disabling restraint on alienation?

Alienation, in this context, means the ability to resell or transfer the property. An example of a disabling restraint is if a property transfer deed contains a provision that states “Neither the grantee nor any of the grantee’s heirs shall have the right to transfer the land or any interest in the land.”

Which statute restrain the alienation of property is known as?

The Transfer of Property Act, 1882 (hereinafter referred as ‘the Act’) enunciates various rules relating to alienation of property under Sections 10 to 18. These sections put restrictions on alienation and insist on free circulation of property.

What are alienation rights?

Primary tabs. Alienation refers to the process of a property owner voluntarily giving or selling the title of their property to another party. When property is considered alienable, that means the property is able to be sold or transferred to another party without restriction.

How a person can transfer property to himself?

The transfer of property as defined under Section 5, is an act between two living persons. The word “living person” includes corporations and other association of person. A transfer can be made by a person to himself, as for instance when a person vests property in trust and himself becomes the whole trustee.

What is a forfeiture restraint?

A restriction on land ownership that terminates the owner’s interest if he attempts to transfer the land.

Are forfeiture restraints valid?

4 As will be seen, forfeiture restraints are sometimes valid where a similar disabling restraint is void. -275 N.C. 399, 168 S.E.2d 358 (1969). OF PROPERTY §§ 404-38 (1944) [hereinafter cited as RESTATEMENT]; L.

What is the rule against Inalienability?

A rule that prevents property from being rendered incapable of transfer within the perpetuity period, i.e. a life presently existing plus a period of 21 years. A gift that prevents transfer within this period is void. The rule is similar to the rule against perpetual trusts.

What is the opposite of alienation?

enfranchisement. Noun. ▲ Opposite of alienation or corruption. rehabilitation.

What is alienation power?

INTRODUCTION. Alienation means transfer of property, such as gifts, sales and mortgages. Alienation of separate property by a Hindu, whether governed by the Mitakshara School or any of its sub-schools or the Dayabhaga School, has full and absolute powers over it. The Transfer of Property Act governs such alienations.

Can a co owner make a transfer without the consent of other co owners?

The co-owner can sell or transfer his portion only when he has exclusive rights to that portion of the property. If the exclusive rights are not entitled to each co-owner, such transfer of rights cannot take place without the consent of other joint co-owners.