AIR 2010 MADRAS 34 ::2010 (2) AKAR (NOC) 173 (MAD) ::2010 A I H C (NOC) 506 (MAD) ::(2010) 1 Mad LW 151 ::(2010) 2 Mad LW 587 ::2010 (2) MadLJ1210

Madras High Court

Hon'ble Judge(s): M. Jaichandren , J

Transfer of Property Act (4 of 1882) , S.10, S.11— Succession Act (39 of 1925) , S.138— Condition restraining alienation - Absolute right vested in defendant, adopted son in respect of properties bequeathed to him by way of a Will - No further condition can be imposed, as per S.10 and S.11 of T.P. Act restraining alienation of property or by creating a restriction repugnant to interest created in such a property - Will contains a direction that property bequeathed, absolutely, should be applied or enjoyed in a particular manner - Legatee shall be entitled to receive said property as if Will had contained no such direction in view of S.138 of Succession Act. (Para 33 34)