Difference / Distinction between Condition Precedent and Condition

Subsequent

No. Condition Precedent Condition Subsequent  

1) A condition precedent is one the A condition subsequent is one of the

fulfillment of which completes an fulfillment of which extinguishes a
inchoate title. title already completed.

2) A condition precedent always A condition subsequent always

comes before the creation of an follows the vesting of an interest
interest. which is already complete.

3) In the case of Condition precedent, In the case of condition subsequent,

the vesting of the estate is vesting is complete and not
postponed till the performance of postponed.
the condition precedent.

4) In the case of condition precedent, In the case of condition subsequent,

an interest once vested can never interest, even though vested, is liable
be divested by reason of non- to be divested by reason of the non-
fulfillment of the condition. fulfillment of the condition.
5) In the case of condition precedent,
an estate is not in the grantee until
the condition precedent is
performed.
6) In the case of condition precedent,
transfer will be void if the
condition precedent is impossible
to performance, or immoral or
opposed to public policy.
7) In the case of condition precedent,
the condition precedent must be
valid in law.
8) In the case of condition precedent,
the doctrine of cypres applies and
the condition precedent is fulfilled
if it is subsequently complied with.
In the case of condition subsequent,
the estate immediately vests in the
grantee and remains in him till the
condition is broken.
In the case of condition subsequent ,
the transfer becomes absolute and
the condition will be ignored if that
condition is impossible of
performance or immoral or against
to public policy.
In the case of condition subsequent,
it need not be so and the invalidity
of the conditions can be ignored.
The doctrine of cypress does not
apply.