In Brief
The plaintiffs challenged a sale of properties gifted to the first defendant by the plaintiffs' great-grandfather in 1957. The gift deed contained a condition prohibiting alienation. The plaintiffs argued the sale was void as a result. The Court held that under Section 10 of the Transfer of Property Act, any absolute condition restraining alienation is void. Therefore, the first defendant validly exercised his right to sell the property, and the sale deeds were enforceable. The gift deed was not hit by Section 13, as it was made to a person in existence, not an unborn person. The appeal was dismissed.
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