TPA Section 40: Burden of obligation imposing restriction on use of land
Transfer of Property Act, 1882 · Chapter 2: Transfers of property by act of parties
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40. Burden of obligation imposing restriction on use of land.—Where, for the more beneficial enjoyment of his own immoveable property, a third person has, independently of any interest in the immoveable property of another or of any easement thereon, a right to restrain the enjoyment [in a particular manner of the latter property], or or of obligation annexed to ownership but not amounting to interest or easement.—where a third person is entitled to the benefit of an obligation arising out of contract and annexed to the ownership of immoveable property, but not amounting to an interest therein or easement thereon, such right or obligation may be enforced against a transferee with notice thereof or a gratuitous transferee of the property affected thereby, but not against a transferee for consideration and without notice of the right or obligation, nor against such property in his hands.
Official reference: Government of India reference, hosted by Andhra Pradesh High Court — checked: 30 September 2026.Central reference text reproduced from the linked government PDF, with footnotes and separately labelled state amendments left in the original. It includes the 2001/2003 changes and the 2019 territorial-extension note. The checking date is not a certification that every state rule is current. Consult the original schedule, territorial notifications and applicable state law separately.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 5. Transfer of property defined
- 6. What may be transferred
- 7. Persons competent to transfer
- 8. Operation of transfer
- 9. Oral transfer
- 10. Condition restraining alienation
- 11. Restriction repugnant to interest created
- 12. Condition making interest determinable on insolvency or attempted alienation
- 13. Transfer for benefit of unborn person
- 14. Rule against perpetuity
- 15. Transfer to a class, some of whom come under sections 13 and 14
- 16. Transfer to take effect on failure of prior interest
- 17. Direction for accumulation
- 18. Transfer in perpetuity for benefit of public
- 19. Vested interest
- 20. When unborn person acquires vested interest on transfer for his benefit
- 21. Contingent interest
- 22. Transfer to members of a class who attain a particular age
- 23. Transfer contingent on happening of specified uncertain event
- 24. Transfer to such of certain persons as survive at some period not specified
- 25. Conditional transfer
- 26. Fulfilment of condition precedent
- 27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition
- 28. Ulterior transfer conditional on happening or not happening of specified event
- 29. Fulfilment of condition subsequent
- 30. Prior disposition not affected by invalidity of ulterior disposition
- 31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
- 32. Such condition must not be invalid
- 33. Transfer conditional on performance of act, no time being specified for performance
- 34. Transfer conditional on performance of act, time being specified
- 35. Election when necessary
- 36. Apportionment of periodical payments on determination of interest of person entitled
- 37. Apportionment of benefit of obligation on severance
- 38. Transfer by person authorised only under certain circumstances to transfer
- 39. Transfer where third person is entitled to maintenance
- 41. Transfer by ostensible owner
- 42. Transfer by person having authority to revoke former transfer
- 43. Transfer by unauthorised person who subsequently acquires interest in property transferred
- 44. Transfer by one co-owner
- 45. Joint transfer for consideration
- 46. Transfer for consideration by persons having distinct interests
- 47. Transfer by co-owners of share in common property
- 48. Priority of rights created by transfer
- 49. Transferee's right under policy
- 50. Rent bona fide paid to holder under defective title
- 51. Improvements made by bona fide holders under defective titles
- 52. Transfer of property pending suit relating thereto
- 53. Fraudulent transfer
- 53A. Part performance