Critical Analysis Of Restrain On The Alienation Of Property

Shashvat Vageesha & Siri Chandana Talasila, BBA LLB, Symbiosis Law School, Hyderabad

Under the guidance of Shashikant Saurav, Assistant Professor at Symbiosis Law School, Hyderabad

ABSTRACT

Owning a property means having certain basic rights such as having the title to the property, possession of the property, and the power of disposition according to the provisions of the law. Nothing can dictate the mode of alienation, whether to alienate, and how the property shall be put to use. Not even a private agreement can unreasonably impair the basic right of alienation of the owner. The courts have struggled for centuries with the issue of how much a person transferring real or personal property may restrict the transferee's ability to dispose of it in the future. "Restraints on alienation" refer to limitations placed on the grantee's freedom to sell the property whenever, to whomever, and as he pleases. This paper highlights the interpretation of section 10 of the Transfer of Property Act, 1925. It also clarifies the concept of absolute and partial restraint and what is considered valid under the law and circumstances surrounding which section 10 of the act doesn’t apply are also duly mentioned. A contextual and critical study of this kind is necessary for the effective legal protection of owners of property.

Keywords: Transfer of property, Restraint on alienation, Rights