Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void , except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him:
Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.
Legal Commentary & Landmark Judgments: Section 10
Absolute restraints on alienation subvert the essential character of ownership, rendering any condition or limitation void that wholly deprives a transferee or their successors of the power to sell, mortgage, or dispose of the property.
The statutory text creates two express exceptions: leases where the landlord restricts sub-letting or assignment for benefit of the lessor, and transfers to or for the benefit of a married woman not being a Hindu, Muhammadan, or Buddhist.
In real estate conveyancing and settlement deeds, drafting absolute restrictions on alienation—such as forbidding sale outside the family forever—renders the restrictive clause void while leaving the transferee with an absolute, unencumbered fee simple estate.