Conditional transfer

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Conditional transfer

Unread postby Admin » Thu Jan 24, 2013 12:27 pm

Conditional transfer.
An interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the Court regards it as immoral or opposed to public policy.
Illustrations
(a) A lets a farm to B on condition that he shall walk a hundred miles in an hour. The lease is void.
(b) A gives Rs. 500 to B on condition that he shall marry A's daughter C. At the date of the transfer, C was dead. The transfer is void.
(c) A transfers Rs. 500 to B on condition that she shall murder C. The transfer is void.
(d) A transfer Rs. 500 to his niece C if she will desert her husband. The transfer is void.

Fulfilment of condition precedent.
Where the terms of a transfer impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been fulfilled if it has been substantially complied with.
Illustration
(a) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E. B marries with the consent of is deemed to have fulfilled the condition.
(b) A transfer Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E. B marries without the consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition.
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