The extent to which a person transferring real or personal property may limit its subsequent disposition by the transferee has for centuries been a problem troubling the courts.
The extent to which a person transferring real or personal property may limit its subsequent disposition by the transferee has for centuries been a problem troubling the courts. Restrictions upon the grantee’s right to transfer the property, at any time, to whomsoever he may choose, and in whatever manner he may select, are called “restraints on alienation“.
Since it is a principle of economics that wealth should be in free circulation to get the greatest benefit from it, these Sections provide that ordinarily there should be no restraints on alienation.
Right to exclude others is “one of the most essential sticks in the bundle of rights that are commonly characterised as property.”
Despite the condition of easement rights,i.e., retaining the pathway rights, and making a clear mention about it in the registered sale deed, the act of the buyer to transfer this pathway to the local civic body is an illegal act and shall deprive your rights besides contradicting the conditions of sale.
You may consult a lawyer and file a suit for declaring the said transfer by gift deed as invalid and also for permanent injunction against further alienation.