The absolute owner has absolute rights over the property. He might use the property as he likes. however these area unit sure compulsions, that limit his rights to use the perform as he likes. The restrictions area unit obligatory below varied levels, principally in common interest of public in massive. once anyone becomes owner of property, one in every of his/her vital right is true to use and revel in the property in any lawful purpose and peaceful manner. The Transfer of property Act provides sure enough exceptions. this can be 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 anyone, however the terms of the transfer direct that such interest shall be applied or enjoyed by him in a very explicit manner, he shall be entitled to receive and get rid of such interest as if there no such direction”.
Sec eleven directs that there may be no restriction on the enjoyment of property that has been transferred fully. Eg., wherever the property has passed fully to the emptor, 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 immoveable property for the aim of securing the useful enjoyment of another piece of such property such directions/restrictions shall prevail over. this example arises principally just in case, wherever some of proportion is transferred and also the another portion is preserved by the owner.
The owner might place some restrictions on the utilization of the property oversubscribed for the advantage of portion of land preserved by the owner. but such restrictions aren't binding on third parties United Nations agency aren't 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 immoveable property, a 3rd person has severally of any interest within the immoveable property of another person, or any easement there on, right to restrain the enjoyment in a very particulars manner of later property. this can be right of a 3rd person. United Nations agency 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 below section eleven area unit positive or affirmative. These restrictions area unit enforceable solely against the parties to the contract. however restrictions below forty area unit negative in nature and area unit enforceable by the third parties, against transferees.
Another vital section that restricts the utilization of property is section seventeen. per this section, the transferrer might direct the transferee to accumulate. The financial gain arising from the property. The direction might to accumulate the financial gain either fully or partially. but such directions to accumulate the financial gain can't be permanent. Such directions is also obligatory for a amount of eighteen years from the date of transfer or for the lifetime of transferrer 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 Mr. “A' till Mr. “B” attains eighteen years older also are direct Mr. “A” to accumulate the financial gain from the property till “B” attains eighteen years older. however transferrer 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 transferrer
• the supply of parts of kids
• Remoter issue of the transferrer
• For the preservation or maintenance of the property transferred
Section ninety five of In province 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 can be primarily to manage the conversion of agricultural land and to shield agriculturists.
The province Land Reforms Act, below Section 109, permits sure 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 permissible uses area unit industrial development, instructional establishments, places of worship, housing comes, agriculture, horticulture and agro based mostly industries. These area unit restrictions on holding of the agricultural property a relying upon the nature of the utilization.
The province 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 a top level view is printed below Sub-Section (1) of Sec – ten each land use, amendment in land use and each development within the space lined by the set up shall adjust to the provisions of this act the define Development set up and also the laws as finally approved by the authorities below segment (3) of section thirteen. Sec fourteen (2) provides that such amendment in land use or development as is remarked 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 anyone will any work on, or makes any use of any property in dispute 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 is also take any live to prevent such use.
Also Sec three hundred of the province Municipal firms 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 diversion 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 university or highschool or women faculty or Public Hospital with an oversized indoor patient ward or an orphanage containing 100 or a lot of inmates. placed in any thickly inhabited district that is either completely residential or reserved or used usually 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 below any enactment. the look authorities and native bodies conjointly impose restrictions on construction, use of the land principally to confirm orderly constructions with natural light-weight and air and conjointly to produce peaceful and correct atmosphere and atmosphere to instructional establishments, hospitals.
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