Section 10 and Section 11|| Condition Restraining Alienation||Transfer of Property Act, 1882
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- Опубліковано 11 вер 2024
- Section 10
Absolute Restraint
Rosher v. Rosher (1884) A made a gift of a house to B, and gave a condition that if B decides to sell the house during the lifetime of A’s wife, she should have the option of purchasing it for Rs. 10000, while the market value of the house was set at Rs 10,00,000. This condition was held to be an absolute restraint and was declared void.
Kannamal v. Rajeshwari (2004) A life estate was to be created in favor of M (son in law), but the transferor gave an absolute restriction along with the property transfer to M, whilst divesting himself of all his interests in the property. This restraint was held to be void as there was an absolute transfer.
Mohd. Raza v. Abbas Bandibibi (1932) A condition imposing restriction for a particular time or transfer to a specific person has been held to be void. There was a transfer as per family settlement to a widow restraining a condition that she could transfer only to family members not anyone else.
Partial Restraint
Mata Prasad v. Nageshwar Sahai (1927) There was a dispute regarding succession rights between nephew and widow. A compromise was formed that the widow had possession of the property while the title for the same was given to the nephew with the condition that he was restricted from alienating the property during the widow’s lifetime. It was held that the compromise and the condition were valid.
Zoroastrian Cooperative Housing Society Ltd. V. District Registrar Cooperative Societies (2005)
The Supreme Court held that when a person accepts the membership of a cooperative society by submitting himself to its by laws and places on himself a qualified restriction on his right to transfer property by stipulating that same would be transferred with prior consent of society to a person qualified to be a member of the society it could not be held to be an absolute restraint on alienation offending section 10 of Transfer of Property Act.
Section 11
Manjusha Devi v. Sunil Chandra (1972) A condition in the lease for the benefit of lessor in the context that there will not be further sublet or assign was held to be valid.
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In MD. raja case, there is a partial restraint and it was an error on my part.. sorry for this. Kindly consider.. thanks 🙏
Thanks for clearing doubt
मैडम तो के VEDIO देख सुन समझ रहा हूं
आपकी TEACHING स्किल का फैन हो गया हूं , आपको सादर नमन
Best lectures on T.O.P.A I am preparing for my exams thanks ma'am for giving lectures in such a lucid way
Thanks a lot for watching 🙏😇
I am preparing T.O.P.A from your lectures videos ma'am and then after from book
Thank you so much ma'am 🤗🤗🤗🤗🤗
Aaj Tak ye ye section yaad nhi hote the.... Finally ye bhi tricks se yaad ho gaye
Thanks again for giving so much effort for us 🤗
Understanding level of teaching is amazing!!
Mam after Seeing This video i understand Completely both the section your way of Explanation is very good and Effective 👌👌
Thanks a lot 🙏😇
I am preparing T. O. P. A from your vedios maam and then from book..... Thank you soo much....
Thanks a million for watching 🙏
Nice content expressed beautifully saving a minor defect in sound frequency...its affected by echo that makes it a bit ineffective, please notice it in your next video....
Bahot badya madam
Mam loved your teaching
Mam i think in case mohd. Raza v Abbas bandi bibi the restrain was merely a partial restraint
Anyone please answer this.
Mr. X had four sons namely, Mr. G, Mr.H, Mr. J and Mr. K. All the four sons were married. Mr. K died issueless. Mr. X and his living sons didn't want to transfer the property to the widow of Mr. K. So, they asked her to give up her right in the property of Mr. X. Mrs. K made a relinquishment deed in favour of living sons of Mr. X and this deed was without consideration. Mr. X and his son registered the relinquishment deed. On 25/09/2021, Mr. X died and on 27/10/2021, Mrs. K came to meet you and asked “Is there any way by which I could share in property of Mr. X”.
well explained. Thanks a lot
Thnk u so much ma'am... ur lectures r very helpful and clear my whole concept
Mam in Muhammad raza vs Abbas Bandi Bibi, it was held by the court that the condition was merely a partial restraint which was held valid!!!!
Yes uur right brother
Yes. Correct.
Madem, mind blowing teaching method, thank a lot
Excellent
It's a very nice and easy way of your lecture, thank you so much
Thanks a lot for watching 🙏😇
@@ArchnaSukhija its my pleasure ma'am... Hope!! You always help us same and easy ways ❤️
Ma'am in case of md raza V abbas banda bibi there is partial restrain rather than absolute restrain so transfer is not valid 🙏
Awesome class mam
Useful Mam
Very Nice way of Teaching Mam 🤝✔️
Thanks for this help 🙏🙏
Hi mam nice nice bahut2 danvad apko suprbat suprbat,
Thanks a bunch 🙏😇 suprabhat 🙏
@@ArchnaSukhija ap ko very very good luck,
@@shalabharse2924 thanks 🙏😇 good luck to you too
In description cases not mentioned properly in this video
SO EASY TO UNDERSTAND. T O P.
Great lecture ma'am as always ❤️
Superb explanation
well explained 👍🏻
Thank u so much dear mam.....
Thank you so much, Ma'am
Thanks ma'am
Thanks madam good lecture
Thank you mam
Superbn
Mam please tell me
if A, transfers certain property to B with a
condition that the property should not in any
event pass to the heirs of the daughter of the B.
whether the transfer is valid ?
Osm 👏👏
Mam ye smjhiye k mai sbse fuddu student hu U to mai A.M.U se B.A.LL.B kr rha hu Mgr itna achca nhi hu study mein
Appreciable
Mam Jyada se Jyada recent cases law ke har subject pr bata digiye means 2020 21 , 19 ka case please mam it will be great help . I'm preparing for Judiciary.
Thank u mam
Apk lecture sun leta hu achca feel hota h to aap nhi sunne deti ho Late night upload krti ho 🙂
Aap jab chahe sun sakte hai. But I didn't get time in day so upload late night. Sorry for inconvenience.🙏 Ye video to aap jab chahe sun sakte hai
@@ArchnaSukhija Sun to li h Mam mgr wo kehte h na k ek word h SATISFACTION bs isi ka malal reh jata h
U to backbencher bhi hote h or firstbnchr bhi so mai bs first bnna chahta hu😴
@@ArchnaSukhija Mam maaf kijiyega agr meri koi bt na gavara guzre please
Thankyou....
Mam attestation pr video please please
Let's say I transfer property (possession and ownership) to other person with condition if payment is not completed in certain time period the property will not be said as transferred property.
Will this be considered incompatible to sec 10 of tpa???
These conditions are not for consideration, it's obvious under contract you will get back the property of not paid on time
Maam section 11 ko please thora orr details mai with examples batayege .... Mujhe todhra problem hui hai.....
Aaj Shyam live class hogi 8 baje.. tab will discuss. On UA-cam only
Mohd. Raza v. Abbas Bandibibi (1932) is case on partial restraint and not absolute restraint. 8:02
Let me check what I told in this video n will reply you
yup 😇
Yes correct
Nice mam
Thanks a lot 🙏😇
Can these section 10 and 11 be also applicable on will?
Please do answer my query ma'am and thanks for the video 🙏🏻
I think will is excluded from sec 5, I.e transfer of property. When will does not comes under transfer of property then sec 10 is taking about transfer of property only. I hope I am making sense to u. 😊
Will is not transfer
Mohd raza case provides for partial restraint
Ys.. thanks for correcting
Love u mam
Tnx mam dil sy plz name state of case law
hm to fir late ho gye Mam
Naraz ho kya Mam
you teach good, but please teach slowly mam.🙏🙏
How such lovely you are❤️❤️
apne itni sari padai kar rakhi he my god
Please talk slowly