Transfer of Property Act Section 11 — Restriction repugnant to interest created

CHAPTER I PRELIMINARY

General

Summary

If a property is given to someone completely and without conditions, but the transfer document includes instructions about how that person should use or enjoy the property, those instructions are not binding. The person who receives the property can use, sell, or give it away as they see fit, just as if the instructions were never there. However, if the instructions are tied to one piece of land for the purpose of benefiting another piece of land owned by the transferor, the transferor can still enforce those instructions or seek a remedy if they are not followed.

Official Text

Where, on a transfer of property, an interest therein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receive and dispose of such interest as if there were no such direction. 1[Where any such direction has been made in respect of one piece of immoveable property for the purpose of securing the beneficial enjoyment of another piece of such property, nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof.]