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Section 27 - Conditional transfer to one person coupled with transfer to another on failure of prior disposition : Transfer of Property Act, 1882

 

 

What is Conditional transfer to one person coupled with transfer to another on failure of prior disposition? Section 27 of Transfer of Property Act, 1882

Section 27 of Transfer of Property Act 1882 : "Conditional transfer to one person coupled with transfer to another on failure of prior disposition"

27. Where, on a transfer of property, an interest therein is created in favour of one person, and by the same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of the prior disposition, although the failure may not have occurred in the manner contemplated by the transferor.

But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not take effect unless the prior disposition fails in that manner.

Illustrations
(a) A transfers Rs. 500 to B on condition that he shall execute a certain lease within three months after A's death, and, if he should neglect to do so, to C, B dies in A's lifetime. The disposition in favour of C takes effect.
(b) A transfers property to his wife; but in case she should die in his lifetime, transfers to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him. The disposition in favour of B does not take effect.

 
 

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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