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BRIEF NOTES ON SECTION 10,11&12 OF TRANSFER OF PROPERTY ACT,1882

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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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Doctrine of Election (Section 35 of the Transfer of Property Act, 1882)

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Doctrine of Election Section 35 of the Transfer of Property Act, 1882 Section 35 of the Transfer of Property Act, 1882 incorporates the Doctrine of election alongside Section 180-190 of the Indian Succession Act 1925. Election simply means choosing between two alternative rights or inconsistent rights. Under any instrument if two rights are conferred on a person in such a manner that one right is in lieu of the other, he is bound to elect (choose) only one of them. One   cannot take under and against the same instrument. Principle Underlying the Doctrine of Election Allegans contraria non est audiendus : he is not to be heard who alleges things contradictory to each other. In Cooper v. Cooper , Lord Hather explained the principle underlying the doctrine of election in the following words, “…there is an obligation on him who takes benefit under a will or other instrument to give full effect to the instrument under which he takes benefit ; and if it is found out that in...
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RESTRICTION REPUGNANT TO INTEREST CREATED (SECTION 11)

RESTRICTION REPUGNANT TO INTEREST CREATED (SECTION 11) Section 11 of the Transfer of Property Act deals with repugnant conditions.  Repugnant conditions are those that are inconsistent with the nature of the interest transferred. Section 11 prohibits the imposition of any condition directing the transferee to apply or enjoy  a particular manner, any interest that is transferred absolutely in a particular manner. Such conditions or directions are void and the transferee is entitled to receive property as if such a condition did not exist in the first place. The transfer itself is, however, not invalidated. These conditions are inconsistent with the nature of the interest transferred. Therefore, they are called repugnant conditions. If a property is transferred absolutely in favour of the transferee, then any condition or terms of transfer, restricting the full enjoyment of the property (i.e.) repugnant to the interest created, then the transferee is empowered under sec 11 of TP...
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