BRIEF NOTES ON SECTION 10,11&12 OF TRANSFER OF PROPERTY ACT,1882
BRIEF NOTES ON SECTION 10,11&12 OF TRANSFER OF PROPERTY ACT,1882 RESTRAINS ON ALIENATION OF PROPERTY (SECTION 10) For Conditional transfers, there are generally two types, namely Conditions Precedent and Conditions Subsequent. The first one is where the condition has to be complied with or fulfilled before a transfer could be affected and subsequent condition is where condition is fulfilled after the transfer is complete. Section 10 of the Act talks about Condition Subsequent. In a transfer where fulfillment of condition is after the transfer (i.e. Condition Subsequent), the transfer would remain completely valid till a time there is no condition that prevents the transferee from disposing of or parting with his interest in the property. It is important to note that even if such a transfer was legitimized with mutual consent of both the parties, the fulfillment is not binding on the transferee. The underlying principles behind this rule are that of justice, equity and good co...
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