Condition restraining alienation
Section 10 of the Transfer of Property Act, 1882 deals with condition restraining alienation. 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 The Act came into force on 01 Jul 1882.
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.
Section 10, The Transfer of Property Act, 1882 (Act 4 of 1882).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Andhra Pradesh Indu. Infrastructure CORP vs K. Veerabhadra Rao
Court's Decision & Legal Precedent
Once a registered sale deed is executed transferring absolute ownership of immovable property from the seller to the buyer, the seller cannot enforce conditions stipulated in the allotment letter or demand additional payment based on such conditions. The Transfer of Property Act, 1882, particularly Sections 5, 8, 10, 11, and 55, establishes that upon transfer of absolute interest through a registered sale deed, prior conditions cease to have effect and the buyer acquires absolute marketable title which cannot be unilaterally revoked by the seller.
On this section: Provides that conditions restraining alienation are void, protecting the transferee's right to deal with the property freely
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Raghuram Rao vs Eric P. Mathias
Court's Decision & Legal Precedent
In a perpetual lease deed containing an express condition restraining alienation of the property, the condition must be strictly construed as stated. Unless the condition expressly prohibits partial alienation or uses language covering parts of the property ('any part', 'whole or part', etc.), the forfeiture clause cannot be invoked for partial transfers of the leasehold property. The principle of strict construction of forfeiture clauses operates against the person seeking to enforce them. Additionally, the lessee and their heirs are necessary parties to any suit for forfeiture, as the privity of contract exists between lessor and lessee, not between lessor and the assignees of the lessee's interest. The continued liability of the lessee under Section 108(j) of the Transfer of Property Act means the lessee cannot be dropped from the suit merely because they have transferred their interest.
On this section: Cited to establish that conditions restraining alienation in leases are valid exceptions to the general rule against restraints on alienation, with specific exception for leases where the condition benefits the lessor.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 10
What have the courts held on Section 10 of the Transfer of Property Act?
Andhra Pradesh Indu. Infrastructure CORP vs K. Veerabhadra Rao (10 Apr 2018) is the leading judgment on this section among those set out below: Provides that conditions restraining alienation are void, protecting the transferee's right to deal with the property freely. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2002 to 2018.
How do I find court cases under Section 10 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 10, section 10 TP Act, section 10 of the Transfer of Property Act. People searching for it also type tampa 10 day forecast. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Andhra Pradesh Indu. Infrastructure CORP vs K. Veerabhadra Rao (10 Apr 2018).
What should I read with Section 10 of the Transfer of Property Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 10 of the Transfer of Property Act come into force?
Section 10 of the Transfer of Property Act, cited as TP Act 10, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.