Deemed fidei-commissum

(1) (a) Dispositions made subject to a condition prohibiting alienation inter vivos and (b) dispositions which appoint a third person to take what is left from the inheritance or the legacy, on the death of the heir or of the legatee, are deemed to be fidei-commissum and as such valid upto one degree. (2) In cases covered by clause (b) of sub-section (1), the fiduciary shall be entitled to alienate only when he does not have any properties of his own, apart from his residential house, and upon obtaining written consent of the fidei-commissarius for the purpose or upon his consent being dispensed with by an order of the court.