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Section 25 - Conditional transfer : Transfer of Property Act, 1882

 

 

What is Conditional transfer? Section 25 of Transfer of Property Act, 1882

Section 25 of Transfer of Property Act 1882 : "Conditional transfer"

25. An interest created on a transfer of property and dependent upon a condition fails if the fulfillment 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 transfers Rs. 500 to his niece C if she will desert her husband. The transfer is void.

 
 

TRANSFER OF PROPERTY ACT 1882

Section 21 - Contingent interest

Section 22 - Transfer to members of a class who attain a particular age

Section 23 - Transfer contingent on happening of specified uncertain event

Section 24 - Transfer to such of certain persons as survive at some period not specified

Section 25 - Conditional transfer

 

 

Section 26 - Fulfillment of condition precedent

Section 27 - Conditional transfer to one person coupled with transfer to another on failure of prior disposition

Section 28 - Ulterior transfer conditional on happening or not happening of specified event

Section 29 - Fulfillment of condition subsequent

Section 30 - Prior disposition not affected by invalidity of ulterior disposition

 

 

Section 31 - Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen

Section 32 - Such condition must not be invalid

Section 33 - Transfer conditional on performance of act, no time being specified for performance

Section 34 - Transfer conditional on performance of act, time being specified

Section 35 - Election when necessary

 

 

Section 36 - Apportionment of periodical payments on determination of interest of person entitled

Section 37 - Apportionment of benefit of obligation on severance

Section 38 - Transfer by person authorised only under certain circumstances to transfer

Section 39 - Transfer where third person is entitled to maintenance

Section 40 - Burden of obligation imposing restriction on use of land

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