Lawgist11Restriction repugnant to interest cleated
Where, on a transfer of property, an interest therein 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 were no such direction.
1[Where any such direction has been made in respect of one piece of immoveable property property for the purpose of securing the beneficial enjoyment of another piece of such property, nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof.]
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1. Subs. by Act 20 of 1929, s. 8, for the second paragraph.
- 5 “Transfer of property” defined
- 6 What may be transferred
- 7 Persons competent to transfer
- 8 Operation of transfer
- 9 Oral transfer
- 10 Condition restraining alienation
- 11 Restriction repugnant to interest cleated
- 12 Condition making interest determinable on insolvency or attempted alienation
- 13 Transfer for benefit of unborn person
- 14 Rule against, perpetuity
- 15 Transfer to class some of whom come under sect ions 13 and 14
- 16 Transfer to take effect on failure of prior interest
- 17 Direction for accumulation
- 18 Transfer in perpetuity for benefit of public
- 19 Vested interest
- 20 When unborn person acquires vested interest on transfer for his benef it
- 21 Contingent interest
- 22 Transfer to members of a class who attain a particular age
- 23 Transfer contingent on happening of specified uncertain event
- 24 Transfer to such of certain persons as survive at some period not specified
- 25 Conditional transfer
- 26 Fulfilment of condition precedent
- 27 Conditional transfer to one person coupled with transfer to another on failure of prior disposition
- 28 Ulterior transfer conditional on happening or not happening of specified event
- 29 Fulfilment of condition subsequent
- 30 Prior disposition not affected by invalidity of ulterior disposition
- 31 Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
- 32 Such condition must not be invalid
- 33 Transfer conditional on performance of act, no time being specified for performance
- 34 Transfer conditional on performance of act, time being specified
