AIR 1935 MADRAS 33

Madras High Court

Hon'ble Judge(s): Pandalai , J

Transfer of Property Act (4 of 1882) , S.10— Property given to member absolutely on partition -Provision that he should not alienate it is invalid - Malabar Law, Marumakathayam Law and Aliyasanthanam Law. "However much people may desire to keep their property in the hands of their descendants, they cannot succeed in doing so by violating the provisions of law as to transfer of property. Once the property is given absolutely to a member or branch of a family, to provide that that member of branch, shall not alienate it, is to offend against the law. Hence even though provisions prohibiting alienations of property to strangers are frequently contained in family arrangements on the West Coast in Marumakathayam and Aliyasanthanam families, they cannot be held to be valid as they are repugnant to S. 10.(Para 35C2)