ABSTRACT

INTRODUCTION

Ownership of the property carries with itself certain basic rights related to the
property. These rights include right to have the title of the property, right to
enjoy the property exclusively, right to alienate the property according to will.
The right to alienate the property is the exclusive right of the owner by virtue
of which he can sale, mortgage, lease, gift, rent, dispose off etc his property as
per the provisions of the law. This is the absolute right to ownership which
impowers the person to deal with his property according to his own wish
subject to the provisions of law. No person, except for the person authorized
by law, can dictate terms or interfere with this right of the owner. This is the
general rule and it is applicable despite the contract to the contrary. This rule is
for the protection of the rights of the transferee once the property is
transferred. However, it is not so that there can be no conditions on the
transfer of the property from the transferor to transferee. The extent and ways
in which the transferor can limit the transfer of the property has been a
problem troubling the courts.
The conditions and restrictions put on a transferee while transferring of the
property from transferor to transferee is known as “restraints on alienation.”
This doctrine of restraints on alienation developed in the feudalistic society of
England and is since an area of conflict in the property law. Recent
developments in the field have shown that judicial role on articulating and
implementing the doctrine is beginning a new and any attempt to restrict the
transferee’s right of alienation are being struck down by the courts.
The Transfer of Property Act,1882 is the legislation dealing with the alienation
of the property in India. This law was introduced by the British and has been
amended since from time to time. Section-10 to 18 of the act contains the set
of rules that have to be observed while alienating the property. It is an
accepted principle of the economics that there should be a free circulation of
wealth in order to derive greatest benefit. This principle can also be seen to be
implicit in the Act as it provides that ordinarily there shall be no restrictions on
alienation.
This term paper seeks to, first analyse the general provision that certain
conditions and restrictions on the rights of the owner of the property that are
void and then talk about the Property Law.