Report No. 66

II. Transfer of Property Act, 1882

15.2. Section 10, Transfer of Property Act, 1882.-

We have earlier1 referred to the proviso to section 10 of the Transfer of Property Act, 1882, under which property can be transferred to a married woman who is not a Hindu or a Muslim, with a condition restraining her absolutely from alienating it during marriage. This provision is in derogation of the general rule enacted by section 10 in its main paragraph prohibiting the imposition of an absolute restraint on alienation. In our view, the proviso is not justified, in view of the growing social consciousness in the country. Christians and Parsis-to whom the proviso primarily applies-are not less educated than others. There is no such restriction for other communities. The proviso is linked up with section 8, Married Women's Property Act. In our new scheme, its deletion is unavoidable.

1. Para. 5.7, supra.