Section 29 of the Transfer of Property Act, 1882: Fulfilment of Condition Subsequent
Section 29 requires strict fulfilment of the condition before a subsequent or ulterior disposition under Section 28 can take effect.
Full text of Section 29 - Fulfilment of condition subsequent
29. An ulterior disposition of the kind contemplated by the last preceding section cannot take effect unless the condition is strictly fulfilled.
Illustration
A transfers Rs. 500 to B, to be paid to him on his attaining his majority or marrying, with a proviso that, if B dies a minor or marries without C's consent, Rs. 500 shall go to D. B marries when only 17 years of age, without C's consent. The transfer to D takes effect.
Meaning of condition subsequent
A condition subsequent is a condition relating to an event occurring or not occurring after an interest has been created, which may cause the property interest to pass to another person as provided by the transfer. The later transfer is known as an ulterior disposition. Section 29 applies to the kind of ulterior disposition described in Section 28.
Strict fulfilment: essential rule
The person claiming under the ulterior disposition must establish that the specified condition has been fulfilled strictly. A broadly similar event, partial performance or substantial compliance is not necessarily enough. The condition is interpreted according to the wording and legal effect of the instrument, subject to applicable statutory restrictions.
Explanation of the statutory illustration
A directs that Rs. 500 be paid to B on attaining majority or marrying, but provides that the sum shall go to D if B dies while a minor or marries without C's consent. B marries at age 17 without C's consent. The expressly specified event of marriage without consent has occurred, so the later disposition in favour of D takes effect. The example illustrates actual fulfilment of the stipulated condition, not merely an approximate substitute.
Difference between Sections 26 and 29
- Section 26: where a condition must be fulfilled before a person can take an interest, substantial compliance can suffice for a condition precedent.
- Section 29: for an ulterior disposition of the type described in Section 28, the condition subsequent must be strictly fulfilled.
Connected statutory provisions
Section 25 concerns conditions that are impossible, unlawful, fraudulent, injurious, immoral or opposed to public policy. Section 27 deals with an ulterior disposition on failure of a prior disposition. Section 28 permits certain ulterior transfers subject to the restrictions expressly referred to in that section. Section 30 concerns the effect of an invalid ulterior disposition on a prior disposition.
Official legislative source
Consult the India Code government legislation portal for the Transfer of Property Act, 1882. The legal outcome in any case depends on the actual terms of the deed, applicable law and judicial interpretation.