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Supreme Court of India 2020-02-11 dismissed

SRIDHAR vs N. REVANNA

Bench: 2 — Ashok Bhushan, Navin Sinha

In Brief

Muniswamappa gifted property to his minor grandson, N. Revanna, with a condition that the donee and his younger brothers could not alienate the property. Revanna later sold the property in violation of this condition. His sons (the plaintiffs here) sued to recover the property, claiming the alienation was invalid. The trial court held the non-alienation condition was void. The High Court agreed the condition was valid but declined to return the property, instead awarding only the sale consideration. The Supreme Court held that under Section 10 of the Transfer of Property Act, conditions absolutely restraining alienation are void, making the donee's sales valid and binding. The appeal was dismissed.

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Property Law Transfer of Property Act Gift Deeds Conditions on Transfer Alienation

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