The absolute owner has absolute rights over the property. He might use the property as he likes. however these area unit bound compulsions, that prohibit his rights to use the perform as he likes. The restrictions area unit obligatory under numerous levels, mostly in common interest of public in giant. once a person becomes owner of property, one in every of his/her necessary right is true to use and luxuriate in the property in any lawful purpose and peaceful manner. The Transfer of property Act provides surely exceptions. this is often mirrored in Sec eleven of transfer of property Act – 1882, that provides as follows:
Sec eleven Restriction obscene to interest created — “Where on a transfer of property, an interest there in is formed fully in favour of a person, however the terms of the transfer direct that such interest shall be applied or enjoyed by him in a very specific manner, he shall be entitled to receive and eliminate such interest as if there no such direction”.
Sec eleven directs that there are often no restriction on the enjoyment of property that has been transferred fully. Eg. wherever the property has passed fully to the vendee, any direction contained within the sale deed that is contrary to absolutely the enjoyment is void and not enforceable.
But, Section eleven Provides for an exception. Section stipulates that if any restrictions area unit obligatory on a chunk of stabile property for the aim of securing the useful enjoyment of another piece of such property such directions / restrictions shall prevail over. this example arises largely just in case, wherever a little of proportion is transferred and therefore the another portion is maintained by the owner. The owner might place some restrictions on the utilization of the property sold for the good thing about portion of land maintained by the owner. but such restrictions don't seem to be binding on third parties World Health Organization don't seem to be a celebration to the contract.
Section forty of the Transfer of property Act conjointly deals with restrictions on the utilization of the property by its owner. within the section prescribes “Where, for a lot of useful enjoyment of his own stabile property, a 3rd person has severally of any interest within the stabile property of another person, or any easement there on, right to restrain the enjoyment in a very particulars manner of later property. this is often right of a 3rd person. World Health Organization isn't a celebration to the contract. This right is out there against transferees . however such rights area unit enforceable against a transferee with notice or against a transferees got the property inconsiderately they're not enforceable against transferee unexpectedly or against a transferee considerately or against the property. There area unit clear distinction between section eleven and forty. The restrictions underneath section eleven area unit positive or affirmative. These restrictions area unit enforceable solely against the parties to the contract. however restrictions underneath forty area unit negative in nature and area unit enforceable by the third parties, against transferees.
Another necessary section that restricts the utilization of property is section seventeen. in line with this section, the transferer might direct the transferee to accumulate. The financial gain arising from the property. The direction might to accumulate the financial gain either fully or partly. but such directions to accumulate the financial gain can't be permanent. Such directions could also be obligatory for a amount of eighteen years from the date of transfer or for the lifetime of transferer whichever is longer. Any direction for accumulation of financial gain arising from the property transfer for a amount longer, than the periods referred area unit void.
For example, the granter of the property might offer for enjoyment of the property by man. “A’ till man. “B” attains eighteen years old-time are direct man. “A” to accumulate the financial gain from the property till “B” attains eighteen years old-time.
But transferer will direct the transferee to accumulate the financial gain arising from such property for indefinite amount for the aim of
• Payment of the debts of the transferer
• The provision of parts of youngsters
• Remoter issue of the transferer
• For the preservation or maintenance of the property transferred
Section ninety five of In Mysore Land Revenue Act, provides that, agricultural land can't be used for non-agricultural purpose while not the permission of the Deputy Commissioner and Section ninety seven provides that non-agricultural land can't be used for agricultural purpose once more while not permission of the Deputy Commissioner. this is often primarily to regulate the conversion of agricultural land and to guard agriculturists.
The Mysore Land Reforms Act, underneath Section 109, permits bound class of establishments from the restrictive provisions of owning agricultural land. Such establishments might use agricultural land for non-agricultural purpose, however cannot sale such agricultural lands allowable uses area unit industrial development, instructional establishments, places of worship, housing comes, husbandry, horticulture and agro primarily based industries. These area unit restrictions on holding of the agricultural property a relying upon the nature of the utilization.
The Mysore city and country coming up with Act, 1961 Sec fourteen (1) provides that “On and from the date on that a declaration of intention to arrange an overview is printed underneath Sub-Section (1) of Sec – ten each land use, modification in land use and each development within the space coated by the arrange shall change to the provisions of this act the define Development arrange and therefore the laws as finally approved by the government underneath section (3) of section thirteen. Sec fourteen (2) provides that such modification in land use or development as is noted in sub-sec(1) shall be created except with the written permission of the look Authority that shall be contained in a very commencement certificate granted by the look authority within the kind prescribed u/s 15(1) Sec 15(4) says that if a person will any work on, or makes any use of any property in resistance of Sec 14(1), the look authority might direct such person by notice in writing, to prevent any such add progress or discontinue any such use, and should when creating an inquiry take away or pull down any such work and restore the land to its original condition or because the case could also be take any live to prevent such use. conjointly Sec three hundred of the Mysore Municipal companies Act, 1976 provides that the development or reconstruction of a building shall not be begun unless and till the commissioner has granted permission for the execution of the work, Sec 304 provides that the commissioner shall not allow the development of any building of public recreation or any addition to that, if such building is :
Within a radius of two hundred meters from any residential establishment hooked up to a recognized institution like, a school or high school or ladies college or Public Hospital with an oversized indoor patient ward or an orphanage containing 100 or a lot of inmates
Situated in any thickly inhabited territory that is either solely residential or reserved or used typically for residential as distinguished from business functions
Located in any space reserved for residential functions by any housing or coming up with theme or otherwise underneath any enactment.
The planning authorities and native bodies conjointly impose restrictions on construction, use of the land largely to confirm orderly constructions with natural light-weight and air and conjointly to supply peaceful and correct atmosphere and atmosphere to instructional establishments, hospitals.
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