Lawgist25Conditional 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) 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 or. condition that she shall murder C. The transfer is void.
(d) A transfer Rs. 500 to his nece C if she will desert her husband. The transfer is void.
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- 5 “Transfer of property” defined
- 6 What may be transferred
- 7 Persons competent to transfer
- 8 Operation of transfer
- 9 Oral transfer
- 10 Condition restraining alienation
- 11 Restriction repugnant to interest cleated
- 12 Condition making interest determinable on insolvency or attempted alienation
- 13 Transfer for benefit of unborn person
- 14 Rule against, perpetuity
- 15 Transfer to class some of whom come under sect ions 13 and 14
- 16 Transfer to take effect on failure of prior interest
- 17 Direction for accumulation
- 18 Transfer in perpetuity for benefit of public
- 19 Vested interest
- 20 When unborn person acquires vested interest on transfer for his benef it
- 21 Contingent interest
- 22 Transfer to members of a class who attain a particular age
- 23 Transfer contingent on happening of specified uncertain event
- 24 Transfer to such of certain persons as survive at some period not specified
- 25 Conditional transfer
- 26 Fulfilment of condition precedent
- 27 Conditional transfer to one person coupled with transfer to another on failure of prior disposition
- 28 Ulterior transfer conditional on happening or not happening of specified event
- 29 Fulfilment of condition subsequent
- 30 Prior disposition not affected by invalidity of ulterior disposition
- 31 Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
- 32 Such condition must not be invalid
- 33 Transfer conditional on performance of act, no time being specified for performance
- 34 Transfer conditional on performance of act, time being specified
