SRIDHAR & ANR. versus N. REVANNA & ORS.

SRIDHAR & ANR. versus N. REVANNA & ORS.

Section 10 renders void any condition in a transfer that absolutely restrains the transferee from alienating his interest; the gift deed was an absolute gift in favour of defendant No.1 (a living minor) and not a transfer in favour of an unborn person, so Section 13 does not apply; accordingly defendant No.1 was entitled to alienate the property and the plaintiffs were not entitled to the declaratory relief sought.

Parties
Appellant: SRIDHAR & ANR.; Respondent: N. REVANNA & ORS.
Jurisdiction
India
Judgment Date
11 February 2020
Procedural Posture
Civil Appeal / Appeal Against Judgment of the High Court of Karnataka (regular First Appeal No. 69 of 2002) to the Supreme Court
Outcome
Appeal dismissed
Legal Topics
Condition Restraining Alienation, Gift Deed, Transfer for Benefit of Unborn Person, Section 10, Section 13
Transfer of Property Act, 1882 Property Law Condition Restraining Alienation Gift Deed Transfer for Benefit of Unborn Person Section 10 Section 13

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Parties

SRIDHAR & ANR.

Appellant

N. REVANNA & ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of the High Court of Karnataka (regular First Appeal No. 69 of 2002) to the Supreme Court

Legal Issues

  1. 1 Whether defendant No.1 had the right under the gift deed dated 05.06.1957 to alienate the suit properties
  2. 2 Whether the condition in the gift deed restraining alienation is void under Section 10 of the Transfer of Property Act, 1882
  3. 3 Whether the gift was void as a transfer for the benefit of an unborn person under Section 13 of the Transfer of Property Act, 1882

Ratio Decidendi

Section 10 renders void any condition in a transfer that absolutely restrains the transferee from alienating his interest; the gift deed was an absolute gift in favour of defendant No.1 (a living minor) and not a transfer in favour of an unborn person, so Section 13 does not apply; accordingly defendant No.1 was entitled to alienate the property and the plaintiffs were not entitled to the declaratory relief sought.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Plaintiffsare not entitled to the declaration sought in the suit.