Question

"A" transfers a piece of land to "B" on the condition that "B" shall not transfer the land to anyone else for the next 10 years. In this case, "B" has no right to transfer the land to someone else for the next 10 years. On the basis of the above problem, select the correct option:

• A. It amounts to Subsequent Transfer of Property
• B. It amounts to Conditions Precedent in the Transfer of Property
• C. It amounts to Conditional Transfer of Property
• D. It amounts to Conditional Limitations on Transfer of Property

Hint:

Conditional limitations restrict the rights of the transferee after the transfer has taken place, unlike conditions precedent which apply before the transfer is completed.

Answer 1

The Correct Option is D

Step 1: Understanding conditional limitations.
A conditional limitation restricts the transferee’s right to transfer or use property under certain conditions. It imposes limitations on ownership or transferability after the property has been transferred.
Step 2: Application to the case.
Here, “A” transferred land to “B” but imposed a restriction that “B” cannot transfer it to another person for 10 years. This does not invalidate the transfer itself but limits “B”’s rights temporarily — making it a conditional limitation.
Step 3: Conclusion.
Thus, the case represents conditional limitations on the transfer of property as per the Transfer of Property Act, 1882.