How To Answer Problem Questions In Law Degree Examination || Irac Method

Hello friends. Welcome to low students corner. Low degree examination awareness problem questions in a solution, a house to be on the same date, executes, an agreement undertaking to sell it back to an at a particular price and not to sell it to anyone else unless a declines to purchase foreign first issue, whether the transfer between a and b is valid imposed by an is valid issue. Okay?

Next one third issue, whether the partial condition restraining transfer by b is valid. Uh, 10 of the transfer of. Property at 1882 application, the owner of a property has an absolute right to true transfer. Similarly, the buyer must also be allowed to transfer at his bill.

The owner should not impose any condition, restricting the subsequent transfer section 10 of the transfer of property act. 1882 provides that any condition, restricting the buyer to alienate. The property is void. This is known as a rule against inalienability rule against inalienability is based on the principle that a right of transfer is.

Incidental to and inseparable from the beneficial ownership of the property. Hence, an absolute restraint on the power of transway is not valid. This section incorporates role of justice equity and good coincidence. Restraint may be absolute or partial, absolute restraint is void. But partial restraint is valid.

If a condition does not take away the right to transfer substantially. It is called partial restraint. It has been held that a condition restricting the transferee from transferring the property. Was held to be partial restraint, and therefore, in the instant problem, the transverse between a and b is valid. The condition imposed by an is valid.

And the partial condition restricting the transfer is always valid. Hence, the agreement between a and b is valid. Thank you for watching you.

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