Amit who is Hindu, provided in partition between him and his three sons in the partition deed that if any one of his sons wants to sell his share, he should not sell it to a stranger, rather he should sell it to his brot

Section 10 of the Transfer of Property Act, 1882 provides that when property is transferred, the transferee should not be restrained absolutely from alienating the property. One may give property to another subject to a condition, but the condition should not be one which absolutely prevents the transferee from alienating the property. Suppose, B gives property to A and his heirs adding a condition that if the property is alienated it should revert to B. This condition is invalid and the transferee can ignore such condition. The transfer takes effect and is valid, and the condition not to alienate the property is void. In the case of Trichinpoly Varthaga Sangum v. Shunmoga Sunderam, (1939) Madras 954 , there was a partition between a Hindu father and his five sons. The deed of partition provided that if any one of the sons wanted to sell his share, he should not sell it to a stranger but to one of his brothers who should have the option to buy for a sum not exceeding ₹1,000. It was held by the Court that the condition absolutely prevented the son from selling the property to any one for good value. In this case the market value of the property of the son was far greater than ₹1,000. Hence, the condition was declared invalid. Hence, condition imposed by Amit is invalid.