K. Muniswamy v. K. Venkataswamy

• Does Section 10 of the Transfer of Property Act apply to this family partition?
• Did the deed give the parents an absolute/life-time power to deal with the property or only a limited estate?

• Personal laws & partition: Property within a family can be arranged through partition or settlement. Such arrangements are treated differently from ordinary transfers.
• Section 10 TPA: A condition that absolutely restrains the transferee from selling is void. But where the arrangement is a family partition/settlement, courts are cautious in applying Section 10.
• Life enjoyment with power to deal: If a deed clearly lets parents enjoy and deal with the property during life, they may sell. What passes later is only what remains.

Held: Section 10 TPA does not apply because the arrangement was a partition/family settlement. The deed’s words allowed the parents to deal with the property as they wished during life. After their death, only the portion still available would pass by intestate succession to the sons.

Result: Appeal dismissed.

• Family partitions are not treated like standard transfers; Section 10 TPA is not lightly applied to them.
• Clear deed language giving parents power to enjoy and deal during their lifetime permits alienation.
• Successors take only what remains on the death of the life holders.

This case helps students separate family partitions from ordinary transfers. It shows that words like “enjoy and deal with during life” can create real power to sell, and heirs only get what is left. It is a neat example for exams on Section 10 TPA and restraint on alienation.

1. Partition ≠ Transfer: Section 10 TPA generally targets restraints in transfers, not family partitions/settlements.
2. Language matters: “Enjoy and deal during life” can authorize sale.
3. Remainder is conditional: Heirs take only what remains after the life holders’ dealings.
4. Draft carefully: Clear drafting prevents later disputes among heirs.

Mnemonic: “Parent’s Power, Partition Prevails” (3 Ps).

1. Spot the setting: Is it a partition/family settlement? If yes, be cautious with Section 10.
2. Read the words: Do they allow enjoy + deal/sell during life?
3. Check the remainder: Heirs get only what is left.

Issue

Does Section 10 TPA apply to the deed, and did the deed give the parents power to sell?

Rule

Section 10 voids absolute restraints on alienation in transfers. Family partitions/settlements are treated differently; deed language decides the scope.

Application

The deed granted lifetime enjoyment and power to deal. The parents’ sale aligned with that power. Section 10 did not control because this was a family partition/settlement.

Conclusion

Sale valid; successors could only claim what remained. Appeal dismissed.

Section 10 TPA

Rule against absolute restraints on sale/transfer in property transfers.

Family Partition/Settlement

Private arrangement dividing family property; not the same as an ordinary transfer.

Life Enjoyment

Right to use and deal with property during life, often including power to sell.

Intestate Succession

Property passing by law when a person dies without a will; here, only of what remains.