ABSTRACT

SUBJECT: TRANSFER OF PROPERTY

TOPIC: RESTRICTION REGARDING ENJOYMENT WITH SPECIAL REFFERENCE TO

ABSOLUTE TRANSFER

INTRODUCTION:

SEC 11 deals with the restrictions repugnant to interest created that is, the restrictions on the
enjoyment of absolute interest. When a person transfers absolute interest in a property to any
other person, he gives all rights of managing, enjoying and disposing of that property. But where
along with the transfer of absolute interest he includes restriction restraining the enjoyment of
property, such a restriction restraining the enjoyment of property, such a restriction will not be
considered as valid and it will have no effect. Once an absolute right has been conferred on a
person as to a property, then no rider can be put on enjoyment of that property.

Transfer of absolute property means transfer of ownership. Ownership brings all the incidents of
ownership of the transferee. If any of this incident is restricted it will not be a full ownership but
less than a full ownership. It is not possible to give ownership to someone and restrain some of
his rights of enjoyment of that property. Gift, exchange and sale are transfer of absolute transfer.
A person can’t sell his landed property to another with a condition that only wheat is grown on
his field. Such a condition is void. Similarly, a person can’t gift his house to another with a
condition that if he does not reside in the house, the house will be taken back. This condition is
again void.

EXCEPTION:

This section contains one exception in which a restriction repugnant to interest may be created.

Where a direction is made restraining the mode of enjoyment only for the beneficial enjoyment
of only one piece of property of transferor, for enjoyment of some other property, such adirection
shall be valid.
This section comes into play when two conditions are satisfied:

1. An absolute interest is created by the transfer in favor of the transferee and,

2. The term of the transfer provide that the interest in the property shall be applied or
enjoyed in manner prescribed by the transferor.

RELATED CASE LAWS:

1. R & M TRUST V KORAMANGALA RESI. VIGILIANCE GROUP

2. RANA GIRDERS LTD. V U.O.I
3. UMASHANKAR AGARWAL V DAULAT RAM SAHA
4. UMARAO SINGH V BALDEO SINGH
5. ROSHAN LAL V MANOJ KUMAR
6. TULK V MOXHAY
7. INDU KAKKAR V HARYANA INDUSTRIAL DEVELOPMENT CORPORATION

E.ANUSHA REDDY

SECTION-B

ROLL NO-2017111