Transfer of Property Act Section 10 — Condition restraining alienation

CHAPTER I PRELIMINARY

General

Summary

If a property is given to someone with a condition that completely stops them, or anyone who gets the property from them, from ever selling or giving away their interest in it, that condition is legally invalid. However, this rule does not apply to a lease, where such a restriction can be valid if it benefits the landlord. Also, a special exception allows property to be given to a woman (who is not Hindu, Muslim, or Buddhist) with the condition that she cannot sell or mortgage it during her marriage.

Official Text

Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him: provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.