Discrimination In Sale Of Property

Abinaya Raj, Jindal Global Law School, Jindal Global University

This paper tries to understand the prevalence of restrictive covenants in property law and its interaction with constitutional law. Covering a range of case laws, the theme of restrictive covenants is understood internationally, traced through the history. It tries to evaluate how the recent developments constitutionally will affect restrictive covenants.

Anu buys land from Banu. When Banu had bought it from Cris, the deed contained an agreement of restrictive covenant, which held that ‘the property shouldn’t be sold to a Dalit or Black’. Anu resells the land to David, who is a Dalit. A suit is filed in the court against this sale.