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Transfer of Property Act - 4 of 4
Transfer of Property Act - 4 of 4
Scope.
Section 15 Transfer of Property Act, provides that, if, on a transfer of property.
interestthherein
is created for the benefit of a class of persons with regard to some of whom
an interest faails by
reason of any of the rules contained in sections 13 and 14, such interest
such regardto those persons only and not in regard to the whole class. This section shows
failsin to unborn persons may be made to a class of such persons since it contemplates the
gift
the members of the class to take, by virtue of S. 13. [AIR 1948 Bom. 188
that a of Some of
failure
section applies only when a whole
class is sought to be benefited. This section.
(193)/ This be relied on where there is no
provision with regardto the benefit ofa class
therefore, cannot Transfer
1948 Bom. 415 (416)7 to the transferor's "son's son" or son's daughters or to the
AIR
"widows" of X, a Hindu, is a transfer to a class where the number is uncertain at the date of the
533 (538)] Atransfer to the"children of the grandchildren" is atransfer to
22 Bom.
transfer. [(98) persons,the children of each grandchild forming aseparate class. [(1865) 34
several classes of
Ch 3 (4)] A
transfer to all the grandchildren of the transferor "with the exception of one
LJ
namely, the exception not being mentioned, is a transfer to a class comprising all the
grandchildren. [(1851) 9 Hare 37 (39)] Where the transferees are specifically named the transfer
cannot be said to be a transfer to a class of persons. (AIR 1936 Sindh 158 (159)] Transfer to an
cained number of persons as a transfer to "my grandchildren by my late daughter E.W." is
3sransfer to a class. [(92) 15 Mad. 448 (466)]Transfer to Xwith his wife and his children or
Mo my brother for life and his Surviving chidren and my niece" is not a transfer to a class. [(91)
6 Rom, 543 (547. 548) (DB) If a transfer provides that the members of the class of transferees
nuild be ascertained at a specified time or on the happening of a particular event they will be
scertained at that time or on the happening of that event. ((1894) 63 LJCh 544 (547))
'Bequest. No date for ascertaining members of class of transferees provided for
Members of class are to be ascertained at death of testator. (1865) 34 LJ Ch 3 (11)] A
transfer or bequest to a class does not operate in favour of such members of the class
who have died before the time at which the class is to be ascertained, or who have
attested the will, or who are incapable of taking otherwise by operation of law. [(1876)
46 L J Ch 33 (36)] Transfer or bequest to class-Transfer enures for benefit of those
members of class who are capable of taking. (AIR 1934 Cal. 379 (382)] If a gift is made
to a clasS some of whom cannot take being not in existence at the death of the testator
those who are in existence and can take at the death of the testator willtake. [AIR 1952
Cal. 427 (Pr 16)] Founder herself constituting first shebait and after her death Aand B or
their male heirs alive at time of her death and subsequently on death of any shebait his
male heirs to be shebaits-This section does not apply. (AIR 1945 Pat. 211 (228, 229, 250))
[16. Transfer to take effect on failure of prior interest.-Where, by reason
of any of the rules contained in sections 13 and 14, an interest created for the
Of a person or of a class of persons fails in regard to such person or the
whole of such class any interest createdin the same transaction and intended to
take effect after or upon failure of such prior interest alsofails.]
Serte was subs. by the Transfer of Property (Andt.) Act, 1929 (XX of 1929), s. 10, for the onginal
sections.
266 Transter of Proporty Act, 1882 by k.
SYNOPSISMaamoad
Sye Suit for
1. Scope. Secton 16, Transfer of Property Act, provides that
2
termination of lease-
where,
nules contained in sections 13 and 14, an interest created for the
of persons fails in regard to such person or the whole of such
benefi t by
of areason of
(chapte
sametransaction and
intended to take effect after or upon
failureclass any person
interest intended take effect after prior interest of
Where an is to a such interest prior
any reason, the subsequent interest also fails. (AIR 1942 Bom and the
155 (158)] prior orealed
interest also
in he
intere sti s
to Rtor life and after her death, if there be
any male descendants to S
have only daughters they were to have it without any power of
them gave vOidlats
awa y Ioy
male or female property to go to D-Gift to R's daughters held only
VOId under S. 13 and gift over to D, held void under this
a grant is made alternatively the failure of the one, even on
operate to nullify the other. [(1852) 42 ER 826 (840, 841)] the
section.
of
[AIR
1934
ground
absolutely-\f propen
transfer-ln absence
limited
Oudh
3
of
interest and
R
any iS UE
as Such
Where an
of Ss.
13 35 (40)]Where
on the happening of either of two
other valid, the Court will separate thecontingencies one of which is void
for
ulterior and
gift is t4 wil no
to
two contingencies if they take ee
in one clause and will give effect to
orig1na
the
1 New S. 17 was subs by the Transfer of of 1929), s. 10, for
sections Property (Amdt.) Act. 1929 (XX
Direction for accumulation 267
property in the
basis of
personal need has overriding effect. Owner of property has bona
absolute
nmanner he likes and no clog, disqualification or adverSe
in the context of denied suggestion that landlord
IS to be made a ground for refusal of
was planning to sel|
thene
fi de
inference to be
(Chaptet
rightpertosisonaldeal ne d
[PLD 2007 Kar. 50] ejectment on the plea of personal
reniedunderpremises drawNn
need
18. Transfer in
perpetuity for benefit of
sections 14, 16 and 17 shall not apply in the case of public.-The
Ret \aN
a
benefit of the public in the advancement of religion,transfer of
health,safety or any other object beneficial to mankind.] r
pre
o st
perr
knowledge, r theic
tytionfos
2
1. Scope.
For the benefit of man kind.
SYNOPSIS
3
Muhammadan Law.
Commerce
1. Scope. Section 14 of the
Transfer of Property Act, 1882 imposes
of perpetuity that no transfer
after
of property can operate to create an
the lifetime of one or more persons living at interestrestrictions against
the
the date of such transfer.which is to take ule
Some person who shall be in existence at the
expiration of that period and to and the effecloi
full age, the interest created is to belong.
the rules contained in sections 13 and 14, Section 16 provided that where. bywhom, he attains
if minority
an interest
class of persons fails in regard to such person or the created for the benefit of a reason
of
any o
the same transaction and intended to
take
whole of such class
any person
or of a
interost
fails. Section 17 restricted the direction for effect after or upon failure of such prior cIcated n
period longer than (a) the life of the accumulation of income either wholly in inlcrcst aalsso
or (b) a period of 18 years from thepart during
transferor. This section provides thattransferor, date
restrictions as imposed in the sections above given shal of h
a
not apply in case of transfer of
property
religion, knowledge, commerce, health, safety for the benefit of the public in the
or any other object beneficial toadvancement
mankind The
of
exception created u/s 18 is in favour of a
beneficiary so far as the objects of the transfertransfer under which the public becomes the
the rule (i.e., the rule forbidding the tying up ofare concerned. (AIR 1989 Oissa 60] Object of
property inalienable unless for objects which are property) is to prevent the mischief of making
in some way useful or beneficial to the
community. [(1876) 6 P 381]Bequest to charity to take effect
rule against perpetuities is valid where the property had been beyond the period allowed by the
charity. [(1913) 14 Cal 192] Exceptions provided by this section given in the meantime to another
benefit of the public "in the advancement of religion". [AIR 1923 Cal extends to all transfers for the
708]
Apurpose must, in order to be charitable be directed to
asection of the community. [('10) 32 All. 503 (511) (DB)7 If the the benefit of the community or
benefit specific individuals the gift is not charitable even thoughintention of the donor is merely o
relieve their poverty or to accomplish some other purpose inthereference motive oftothethese
gift may o
part1c1uku
individuals which would be charitable if not so confined: on the other hand, if the donors o
is to accomplish abstract purpose of relieving pove ty, advancing education or religion clc.
without reference -to any particular individuals and without giving any
right to claim the funds, the gift is charitable. [(10) 32 AlI. 503 particular inovu 81
(511) (DB) + AlR 1930
New S. 18 was subs. by the Transfer of orig1na
1 for the
Property (Amdt.) Act, 1929 (XX of 1929). S. 10.
sections
Transfer in perpetuity for benefit of public 269
community is sufficient and it is not necessary to see in every case
benefit the
to carried out the community would in fact be benefited. [(1895) 64 LJ Çh 856
Iatention
Objectis be a charitable purpose only where the religious services tend
A8IN purpose can
t hrellgious
it
that
e
towards the instruction or edification of the public. [(1871) 40 LJ Ch 640
A
R58) indirectly whether object is beneficial to public, customary law and common opinion
or
tirecty deciding parties interested belong must be taken into considetation) +(75)
cOmmunityto which
(216) (DB)] A charity founded as a perpetual charity can never come to an
214
objects may be altered, and indeed, its name may be altered, accord1ngto
among hHCA
endeventhoughits
Bom.
2 [(1954) 1954-1 All.: ER 227 (229)]
oflaw.
proceSs
man kind. The purpose as envisaged in this section must in order to be
due benefit of
the directedtothe henefit of the community or a section of
For
the community. I(1910) 32
intention of the donor is merely to benefit specific individuals the gift is not
2 be
chariable
the motive of the gift may be to relieve their poverty or to accompl1sh
503]Ifeven though the
AW
charitable reference to these particular individuals which would be charitable if nol
in
SOme
other purpose
(A/R 1956 Bom 81]
A charity founded as perpetual charity can never come to ar:
Confined objects may be altered and indeed its name may be altered accord1ng to
so eventhough its AlII ER 227]
due law. [(1954) 1
endprocesSS of,
f
following have been held to be good as charitable gifts:
The
for say1ng masses. [(1930) 99 LJ Ch 232 (234)]
(a) Gift
(14Bang LR 442]
h) Gift for hospitals.
Trust for
promotingthe knowledge of the poor and ignorant inhabitants of a certain
1106 (11 10)1
named place. [(1885) 39 ER
voluntary association having for its object the teaching of ignorant and nursing
(d) Gift to a (640, 651))
of the sick. ((1871) 40 LJCh 640
Ial Git for the purpose of providing or keeping in good order a burial ground. [(1905) 74 LJ
Ch 95 (98)]
(0 Trust for the provision ot play helds parks, gymnasiums for the health and welfare of the
working classes. [(1932) 101 LJ Ch 521
Where the objects of a society were "(a) To acquire and take over as a going concern
ndconduct as a scientific and educational undertaking the, business heretofore carried on as
te Chester Zoological Gardens by Chesters, Zoological Gardens, Limited, together with any
pat of the real or personal property and assets of the company used in connection with that
business. (b) To promote. facilitate and encourage the study of biology, zoology and animal
plysiology, aviculture, aquaria, ichthyology entomology. botany and horticultural and all kindred
sciences andto foster and develop among the people an interest in and knowledge of animal
ie. (c) To establish, equip and carry on and develop zoological parks or gardens and living
k000gical collections at such places as the society shall determine. (d) To establish sanctuaries
r al kinds of wild life. particularly animal and bird sanctuaries and to police in such manner and
al tings necessary for the protection of allanimal and plant life therein." It was held that all
MOs
WLR Under the headings of (a), (b), (c) and possibly (d) were charitable. [(1958) 1958-1
1258 (1264)]
ie tolowing have been held not to fallwithin the class of charitable gifts:
bgest with a direction "that a house for perfoming religious ceremonies to my late
husband and myself be erected." [(1875) 6PC 381 (396)]
t
270 Transter of Propety Aut, i8b2 Dy ci UNua
user, enjoyment or control over a thing. (PLD 1957 Lah. 752] it is an immediate
immediate
present or future enjoyment and rights are vested in contradiction to being fixed right o
right of
expectpresent
contingent. It must be a title to the present or future enjoyment of property or to the
future enforcement of a demand, or alegal exemption from a demand
ant oror
made by another, (PLD
1965 Pesh. 47] A vested interest is transferable even though there is no
present
(AIR 1925 Al. 389]It can be attached and sold in execution of a decree. [AIR 1934
is a heritable interest which will descend on the death of the owner of the interest to biOudh 954]N
possession
such it is not defeated by the death of the transferee before he obtained possession AAs
Pat. 247] Interest in a property created in favour of person which is to take effect on thede
next reversioner in whose favour prior interest in the properties gifted is created i s o
interest. A vested interest is not defeated by the death of the transferee before he h
possession and is a heritable interest which ion the death of the owner descends of the inda
to his heirs. [ILR (1978) 57 Pat 426]
20. When unborn person acquires vested interest on transfer for his
benefit.-Where, on a transfer of property, an interest therein is created for the
benefit of a person not then living, he acquires upon his birth, unless a contray
intention appears from the terms of the transfer, a vested interest, although he
may not be entitled to the enjoyment thereof immediatelyon his birth.
21. Contingent interest.-Where, on a transfer of property, an interest
therein is created in favour of a person to take effect only on the happening of a
specified uncertain event, or if a specified uncertain event shal not happen, such
person thereby acquires a contingent interest in the property. Such interesl
becomes a vested interest, in the former case, on the happening of the event, in
the latter, when the happening of the event becomes impossible.
becomes
Exception.-Where, under a transfer of property. a person transferor
entitled to an interest therein upon attaining a particular age, and the
also gives to him absolutely the income to arise from such interest De
Contingent interest 273
directsthe income or sO much thereof as may be necessary
age, or
e c h e that
s
for hisbenefit, such interest is not contingent.
applied
be SYNOPSI8
p
Contingentinterest-Test 3 Two or more
contingencies.
Muhammadan Law-Not effected. 4. Exceptions.
I
Ruleof interest-Test. Acontingent interest is an interest in the property which is to
Contingent
on the happening of a specified event. One of the features of a cont1ngent
(akeeffectonly
. dies before the contingency disappears and before the vesting occurs,
a person
i sthatif do not get the benefit of the gift. (PLD1957 S.C. (Ind) 261: AIR 1957
interest
such a person
heirs of
the 255)Contingent
interestnot being existing right is not sufficient for suit for declaration of
SC 777
Cal. (SB)]In determining the question as to whether an estate was vested o
(08)35 intention of settler has to be gathered from all the terms of document and the
rght. the
contingent, document has to start with a bias in favour of a vested interest unless the
construction of express and clear. As the acquisition of property in this case was
the Contrary is
intention to
uncertain events, interest of daughters was contingent interest and not vcsted
dependernt on surviving daughter alone was entitled to trust property. [ILR (1966) 2
hence the
remainder and question is as to whether an interest granted under a settlement or a Will is
Wherethe to vested
Cal 470/
contingent the well settled rule of construction is that interest is to be held be
vested| or precedent to vesting is expressed with reasonable clearness. The question is
condition
unless a be gathered from a comprehensive view of all the terms of the
of intention to
(ealy "one 161] Contingent interest does not necessarily require a prior interest
document. "[AIR 1967 Guj always take effect after the termination of a prior interest. (AIR 1960
support and does not and does
for its
609] Contingent interest does not necessarily require prior interest for its support, Bequest
Cal
take effect after the termination of a prior interest.
[AIR 1960 Cal. 606 (615))
not always after her death to testator's nephew if he remains obedient
wife for her lifetime and
otestator's contingent upon his remaining
her Held vested interest postponed till death of wife and
(197)]
obedient to her. [AIR 1944 Bom. 196
rule of Muhammadan
Rule of Muhammadan Law-Not effected. Section 21 does not affect (DB))
bw. A contingent interest cannot be subject of valid gift. [(06) 28 Al. 342 (345)
a person
1 Two or more contingencies. On a transfer of property interest created in favour of must be
otake effect on happening of more contingencies than one-AlI the contingencies
fuliled before interest can become vested. [(1860) 54 ER 435 (437)]Transfer made by which
interest is created on fulfillment of two contingencies in the alternative Estate would vest on
either of them happening-Neither of the contingencies happening-Estate does not vest. [(1871)
40 LJ Ch 316 (371)]
4 Exceptions. Property given to such members of a class of persons as shall attain a
panlcülar age and income directed to be applied for their benefit without specifying at the same
e nat the income from the respective shares should be applied for their benefit-Interest taken
ngent. ((1902) 71 LJCh 680 (682)) Testator, after stating that his wife was. in the family
Hay. directing the executor to maintain the testator's wife, the expected son or daughter and the
executor himself, out of the properties and effects bequeathed-Further declaration that should a
Son be born he also should be cherished and maintained and educated and brought up. And
when he Comes of age the executor should make over the whole of his remaining properties to
he said Son. Held, that it Could not be said that there was any definite ascertained interest "to
arise from the fund" within S. 107 of the Succession Act, 1865. [AlR 1925 PC 27,(28, 29))
274 Transter of Property Act, 1882 by K. Maknoot
22. Transfer to members of a class who
attain a
on a transfer of property, an interest therein is created in
in particularfavourchapter -
members only of a class as shall attain a particular age
vest in any member of the class who has not attained that age.
23. Transfer contingent on happening of specified
such interestage.her
of
event happensspecfied
is mentioned fo
the occurrence of that event, the interest faiis uniess such
or at the same time as, the intermediate or precedent interest
24. Transfer to such of certain persons as sunvive at to exis ceases beiore
specified.-Where, on a transfer of property. an interest therein is to period
not
some
such of certain persons as shail be surviving at some period
period is not specified, the interest shail go to such of them as but the exa
accue to
shall be
when the intermediate or precedent interest ceases to exist, uniess
a alive
intention appears from the terms of the transfer
Illustration
contrary
Atransfers property to Bfor ite. and after hs deatth to Cand
them, or to the survivor of them Cdies durng the e
D equaly to
be dinded
passes to D.
of B Dsuvrves B Al Bs deatn heeen between
25. Conditional transfer.-An interest created on a transfer of property anM
dependent upon a condition fails if the fulfiliment 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. of nvolves of implies injury to the person
or pioperty of another, or the Court segards it as immoral or opposed to pubic
policy.
(a) Alets a farm to B on conditon that he lustrations
shal wakahungred mes ti an Dour The lease is vod
(b) Agives Rs. 500 toB on conditon ha: he shaf marry As
was dead. The transfer is void dauglerC A! the date of the trarster
(c) A transfers Rs 500 to B on conditon that
she shal urder C The transter s vod
(d) A transfers Rs. 500 to his niece Cit she wil desert her
hustand Thie trarsfer S vod
26. Fulhfillment of condition
precedent.-Where the terms of
impose a condition to be fulfilled before a person can take an interestpropey
in u
property, the condition shali be deemed to have been fulfilled if it has u
substantially complied with.
(a) llustrations
Atransfers Rs. 5,000 to Bon conaition that he shall marry with the consent of C Dand E
marries with the Cunsent of C and D. Bis deemed to
have futfiiied the
condition
Conditionaltransfer to one
person coupled with
taISfers Rs. 5,000 to B
and E,condi
on transfer to
but tion that he shal niarry wianot her on
C D
) A
the consent of failure.
obtains their Consent after th the consent 275
the of
Conditional transter to marriage. Bhas GD and E 8
one not fulfiled the
27.
of prior disposition,- person coupled
hereini s created in favour of
one-Where,
person,
on a
transfer
with
of transfer to
another
disposition of the
yterior same interest is
made
and by the
in favour ofsame
property , an
interestan
dtsposition under the transfer
failure of the prior
shall fail, the ulterior transact
another, ionprior
if the
the
ypon
in
DCCUred disposibytion,the although dithesposifailure
the manner contemplated tion shall take effect
may
not have
But, where the intention transferor.
of the
disposition shall take effect only in theparties the transaction is that the
to
particular manner, the ulterior
event of the prior ulterior
dispositionfails in that manner. disposition shall di sposi
not take effect tion failing
unless the
in a
prior
Atransfer Rs. 500 to B 0n condition Illustrations
that he
death, and if he should neglect to do so, to C. shall execute a certain lease within three
dies in A's liftetime. The
disposition in favourmonths
A's after
efec!. of C takes
(b) Atransfers property to his wife: but, in case she should die
transferred to her. Aand his wife perish together, in his
lifetime transfers to Bthat which
he had under
provethat
she died before him. The
disposition in favour of Bdoes circumstances
not take effect.
which make it impossible to
SYNOPSIS
1. Scope. 2.
Sale of suit land through
Cenne, Section 27 of the Iranster of Property Act, mutation.
larest is created in one of one person, and by the 1882, where, on atransfer of property, an
same
$ame interest is made in favour of another person thetransaction an ulterior disposition on
alerior disposition shall take effect. But where the prior disposition shall fail and the
disposition shall take effect only in the event of the prior intention of the parties is that ulterior
the ulterior disposition shall not take effect unless the disposition failing in a particular manner,
prior disposition fails in that manner. This
section does not apply unless the prior and ulterior disposition refer to the same interest. [AIR
1942 Sindh 145] If the prior disposition is void ab initio the
the principle embodied in S. 16. [AIR 1942 Bom. 155] Award subsequent disposition also will fail on
in respect of religious endowment
agreed by parties as binding providing for appointment of sons of dedicator as manager each for
Iem of 21 years in succession and after them eldest son of each of these
sons each for same
em. Eldest son of dedicator acting as manager for 21 years-Second son dying before expiry of 21
yeafs and third dying before second son-Principle underiying S. 27 held applicable and eldest son
DuOn of dedicator was entitled to succeed as manager after death of second son. (AIR 1932
Oudh 161] Agift made to ason, to be adopted by the wife of the testator and if the adopted son
Qied without issue
the lifetime of the widow then to the daughters of the testator in equal shares.
The adoption was founa to be void ab initio: Held that the gift over in favour of the daughters would
take efect although the contingency upon the happening of which it was to take effect had not
happened in the way contemplated by the wil . [(O8) 35 Cal. 896; 35 Ind App 116 P]
Property Act, 1882 by c%. Kaknood
276
2. Sale of suit land through
ethcacy due to expiry of
Transter
period
of
mutation. Plea of vendor that first agreement had
fixed there in for performance.
Vendor had not
had neither
[Chlaopslter I-)cgal
denied Is
had not
Subsequent,
agreement
being hit by principle of lis pendense cannot
challenged decree of trial
he had
2011 YLR 2232] Coun
28. Ulterior transfer conditional on happening or not
specified event.-On atransfer of property an interest therein may be
to accrue to any person with the condition superadded that in case a
happenincrgeatedof
uncertain event shall happen such interest shall pass to another speci
person, or fthat
ie t
in case a specified uncertain event shall not happen such interest shal
another person. In each case the dispositions are subject to the rules pass
to
in sections 10, 12,21, 22,23, 25 and 27. contained
SYNOPSI8
1. Scope. 3. "Specified uncertain event".
2. Imposition of condition. 4. Concurrent jurisdiction of Trial Court
1, Scope. Section 28 of Transfer of Property Act, 1882 deals with a.case in
which on tho
happening of a specified uncertain event the property transterred is to pass to a second donoo
whereas, S. 31 refers to a mere cesser of the first donee's interest on
specified uncertain event, in which case the property will, in ordinary cases, the happening of a
[AIR 1935 Pat. 401] Where there is a gift of any revert tò the donor.
interest in favour of a donee subject to the
condition that if the donee died during his minority or before he was
pass to another person, what is really conferred on the married the interest shll
donee is only a life estate and the
absolute estate passes to the donee or donees on the happening of
event. [AIR 1957 Trav Co. 167]Where there the specified uncertain
is no defeasance of the prior
cannot come into operation. [AIR 1928 Oudh 67] On the interest, the gift over
which the interest created is to pass to another happening the uncerlan cvent or
of
gift over takes effect. [(12) 14 Ind Cas 708 person, the prior estate is put to an end and ne
and Dwhich was to be paid to them as and (DB)] A testator begueathed afund to his sons B.
the condition that in case any son died when they attained the age of 21 years, subject
before
share was to go to his issue. Bdied before the the period of distribution to him of his share, e
died he made a will bequeathing his period of distribution leaving issue, but beiole
share to his wife. It was held that on
distribution his estate was his deatn be
to the property was not divested and passed to his issue and that, therefore, the wife's claim
2.
sustainable. [(84) 6 All. 583 (DB))
Imposition condition. Imposition of a condition
of
of mak1ng
transfer and not subsequently. [(83) 6 Al. should be made at time
deed of
agreement, whereby the donor was entitled to313] Where the deed of gift and the spec1iled
event mentioned under S. 126 revoke the gift upon of a
were executed as wo and also upon
specified uncertain
happening
events mentioned in S 31.
separate documents but on the same that both
formed
date, was
it held
Fulfillment of condition subsequent 277
transaction and must be read together and fell within the
the same
599(Prs. 5, 6, 8, 12, 13)] purview of Ss. 31 and
ant
o f 1951 All.
"Specified
AIR uncertain event". The contingency should be so expressed as not to leave it in
26
doubtful or uncertain what the
9Y
egree
contingency in which is
(470) The uncertainty referred to in the intended to defeat the prior
(1655) 3 Drew 451
hagpening the event and notin the language in which it is expressed. section
of, [(84) 6isAll.uncertainty
583 (DB)]in the
estale
Concurrentjurisdiction
of Trial Court. VWhen twO or more
the matter and parties to a Courts have concurrent
wrisdiction
4 in contractldispute choose to
agreement is not violative of law. confer jurisdiction upon one
ofsuchCourts. then such Court so chosen assumes
matter. (2017 CLC 518, 1987 SCMR 393 rel.]
inthe
urisdiction
29. Fulfillment of condition subsequent.-An ulterior disposition of the
contemplated by the last preceding section cannot take effect unless the
isstrictlyfulfilled.
kind
Condition
Illustration
Atransfers Rs. 5000to be paid to him on his attaining his majority or marrying, with a proviso that if
or marrnies without C's consent, the Rs. 500 shall go to D. B
diesa
minor marries when only 17 years of
B without C's conSent. The transfer to Dtakes effect.
age,
NOTES
Coone. The condition, such as is reterred to in S. 28 becoming impossible of fulfillment
through no act or default of the person who has to perfom it will be treated as void. Transferee
of prior interest will take estate absolutely. [(1739) 26 ER 407 (408)] Where the gift over clause
sambiguous it should be construed in such a manner as not to divest an interest already
s Ap 1925 Mad. 599 (605)] Gift with a condition.that if the donee did not reside in the
ea given the house should pass to another person-Occasional use of the house by donee by
ctablishment in it with intention of again using it as residence: Held, gift over did not
we effect as residence contemplated was not exclusive residence. [('74) 1Ind App 387] Nhere
bequest was made to Aon condition that if she should have no legitimate children, then the
yOperty was to pass to B. Ahad one legitimate child born alive who died before her. Held. that
since Ahad a child though subsequently dead the event contemplated happened and that the
got over did not take effect. Ahad the estate absolutely. [(1810) 33 ER 1041)
Apartition deed between A and B provided as regards certain land that its usufruct was
set apart for the maintenance of their mother and then provided as follows: "We shall divide the
properties after defraying the funeral expenses of our mother. The land of the person that does
not contribute to the said expenses shall be enjoyed by the person who contributes". A did not
Contribute: Held, that the clause as to contribution was one of defeasance, that the words "if
elther of them does- not contribute." must be construed as meaning "if either of them
refuse to
Contribute and that the mere failure ofAto contribute did not divest him of his vested interest.
(12) Ind Cas 256 (DB)] Atransfers property to B.subject to a condition that on his failure to
Polom a particular act it shall pass to another person. B is not able to do the thing by
reason of
hmprisonment.
OVer does not The non-performance of the act will not divest the estate and the gift
take effect. [('93) 20 Cal. 15(DB)]
278 Transfer of Property Act, 1882 by c. hakot
8YNOPS1S
1. Condition, subsequent. Revocation of gift deed.
2.
1. Condition subsequent. Section 31 of the Transfer of Property Act, 1882.refers to condition
subsequent which terminates an interest and reverts the property in the grantor. It provides that
on atransfer of property an interest therein may be created with the
condition
shall cease to exist in case aspecified uncertain event shall happen, or in case superadded.that t
aspecitied
uncertain event shall not happen. As illustrated where A transfers a farmn to Bfor his life, With a
proviso that, in case B cuts down a certain wood, the transfer shall cease to have any eneu.
cuts down the wood. He loses his life-interest in the farm. The illustrations given under S.
sufficiently suggestive of the position that a specified event contemplated under thatbusiness"
Se
must be definite and specific and a wide and vague clause of the nature "any other
the prohibition of which is inserted as a trm in a lease deed
uncertain event. [AIR 1957 Orissa 35) This section applies cannot
only tobe ataken to be atransfer
completed spr ofof
property creating an interest therein with a condition
contingency, but has no application superadded for its Cessol superadded eradded
thereto. Thus, where in a sale deed it to
was aprovided
contractthat
for if transfer with dida condition
the vendee not pay the amountof
the price retained by him to the creditor of the vendor within a certain time, the sale deed woud
be deemed to have been cancelled, and the yendee failed to pay the price to the creditor within
Such condition must not be invalid 279
Court gave him further time to pay, it was held thát the contract of sale and the act
the
and
were embodied in the same deed and the condition was to be regarded as an integral
oMne
transter
f contract for sale providing the date for completion of the contract by satisfaction
conditionof
the contract price, and not as a condition superadded to the transfer itself, and,
balance ofthe
the thetransfer
was not defeated. It was held that there was nothing in section 31, which
of upon a condition subsequent is a lawful method of grant, to
therefore, that a limitation
declared
merely of the Court to give relief to the vendee who failed to make payment of the
exclude the right agreed upon in the contract of sale (b). Where Aexecuted a document in
the date
effect: "| sell property to you. | have received consideration as
price
by
of Bto the following
favour kept Rs in deposit with you for payment to my creditor B and have
have
follows: I balance of Rs. in cash. Youshould go with me to B. I shall request Bfor
receivedthe you should pay Bthe reduced sum and the balance to me. If you
andif he reduces it,
remission by 30th December 1925 this sale-deed shall stand cancelled": Held
as aforesaid
pay B
failto document contained both a contract of sale and an act of transfer of the property, that
that the of the contract of sale and not of the transfer of property, and that S. 31
clause was part
thelasteXclude
not
the right the Court to give relief to the purchaser who fais to make payment of
of
did
the date agreed upon in the contract of sale. [AIR 1936 PC 24]
the priceby
Revocation of gift deed. Aan old widow, with none else to took after her, out of love and
2. of her entire property in favour of B an outsider to family. On
affection, executing a gift deed
day, B, by executing a deed accepted deed on condition that he will maintain widow till her
same Rfailed to maintain. Gift held liable to be revoked. Both deeds taken together superadded
th
condition to gift and the condition tormed an integral part of transaction and could not be
ed from gift. (AIR 1968 Assam 50] Gift of one property for construction of Government
PMlane with superadded condition that in case college is not built on the very sale, the interest
tthe college committee in land gifted would cease and another gift empowering college
committee to sell property advantageously and utilize the money for construction of college but
wihout a defeasance clause. Section 31 was attracted to the former gift but not to the latter.
AIR 1987 Kant 227]
32. Such condition must not be invalid.-In order that a condition that an
interest shall cease to exist may be valid, it is necessary that the event to which
trelates be one which could legally cònstitute the condition of the creation of an
interest.
8YNOPS1S
1. Scope. 3. Condition illegal.
2. Provisions void for
repugnancy.
nlerepe. Section 32 of Transfer of Property Act, 1882 provides that a condition that an
one whlceased to exist should be valid. It is necessary that the event to which it relates be
tanstarOuld legally constitute the condition of the creation of an interest. To illustrate if A
transfers his field toB with a proviso that if Bdoes not within a year set fire to C's haystack his
Interest shall cease. The condition
section subsequent is invalid and B's interest is not affected. This
not affectcontains
a analogous provisions as of S. 30. Under s. 30 an invalid ulterior disposition will
prior
Intaerest to which it interest; under this section no invalid condition subsequent will divest the
is attached. Acondition which is void as a condition precedent is also void as
condition subsequent. Acondition that if the legatees should live with their father they should
280 Transfer of Property Act, 1882 by ck, oKaham