Law Notes

Restraints on Transfer – Section 10

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  • Himanshu

    Is there any key difference between Condition Restraining Alienation and Restriction repugnant to interest created?

  • Mayank Shekhar

    1. The difference between Section 10 and Section 11 is that the former deals with a case of an absolute prohibition against alienation of an interest created by a transfer and the latter deals with the absolute transfer of an interest followed by a restriction on its free enjoyment.

    2. under Section 10, whatever interest was conveyed, large or small, limited or unlimited, such interest cannot be made absolutely inalienable by the transferee. While under Section 11, when once an interest has been created absolutely in favour of a person, no fetters can be imposed on its full and free enjoyment.

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