Tuesday, October 16, 2018

Section 11 Of transfer OF Property Act 1882 Restriction Repugnant To Interest Created

Restriction Repugnant to Interest Created 
Section 11 OF Transfer Of Property Act  1882



When a Transfer IS Made In favor of any person in form of mortgage lease , exchange or sale , No Condition can be add which give any Direction to the Reciver of the Property to enjoy such property in a Particual Manner , Such a Direction is in Invalid , the buyer , lessee or any other person can ignore such a Condition becuse the condition is void ; and the transferee can not sue the transferee for the breach of such Condition. But there is an Execption ,  



A Transferer may add a condition in the contract Which is for the Benifit of the sellor Property


 For Example , A Give his House For Tenent an put a condition that the House should not be Used for animal Carring Example No 2 , A Sellor put a conditon while selling his property that the Buyer shall not construct third floor on the building.



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