The absolute owner has absolute rights over the property. He may use the property as he likes. But there are certain compulsions, which restrict his rights to use the property as he likes. The restrictions are imposed under various levels, mostly in common interest of public in large. When any person becomes owner of property, one of his/her important right is right to use and enjoy the property in any lawful purpose and peaceful manner. The Transfer of property Act provides for certain exceptions. This is reflected in Sec 11 of Transfer of property Act – 1882, which provides as follows: Sec 11 Restriction repugnant to interest created — “Where on a transfer of property, an interest there in is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receive and dispose of such interest as if there no such direction”.
Absolute Title
Sec 11 directs that there can be no restriction on the enjoyment of property which has been transferred absolutely. Example Where the property has passed absolutely to the purchaser, any direction contained in the sale deed which is contrary to the absolute enjoyment is void and not enforceable.
But, Section 11 Provides for an exception. This stipulates that if any restrictions are imposed on a piece of immovable property for the purpose of securing the beneficial enjoyment of another piece of such property such directions restrictions shall prevail over.
This situation arises mostly in case, where a portion of proportion is transferred and the another portion is retained by the owner or other co-owner. The owner may put some restrictions on the use of the property sold for the benefit of portion of land retained by the owner. However such restrictions are not binding on third parties who are not a party to the contract.
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