Conditional Transfer I Section 25 to 29 I Condition Precedent I Condition Subsequent

Conditional Transfer I Section 25 to 29 I Condition Precedent I Condition Subsequent #tpaact1882
This video cover the topics-
Section 25
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.
Section 26
Where the terms of a transfer of property impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been fulfilled if it has been substantially complied with.
This condition is not to be strictly followed and the transfer can take place even when there has been substantial compliance of the condition
Section 29
Any condition that is required to be fulfilled after the transfer of any property is called condition subsequent.
A condition subsequent transfers the property to the transferee immediately and then the fulfilment of non-fulfilment of the condition in the required time decides whether the transfer remains valid or not. in this condition the compliance is strictly required.
Section 27
where two transferees exist in the relation. The condition is laid as such that if the first transferee fails to fulfil the condition stated, the first transfer fails and the second transferee gets the property instead.
Case laws discussed in the video
In case of Wilkinson v. Wilkinson , the condition where A said to B to desert her husband for the transfer to go through, this was held by the court as invalid as it was against public policy
In Gonendra Mohan Tagore v. Rajah Jotindra Mohan Tagore, A agreed to transfer some property to B if B married C with the permission of X, Y and Z. Z died. B married with X and Y’s permission. Here, he was deemed to have fulfilled the condition having substantially complied with it.
In Venkatarama v. Aiyasami X who was under a sentence of transportation for life, transferred his field to Y, with a condition that in case he returns from Port Blair, Y’s interest shall cease. X returned from Port Blair and hence the court held that X can claim back his field from Y.
In Underwood v. wing A transfers his property to his wife B, in case she dies in his lifetime the property should be transferred to C. A and his wife B die in an accident together and it cannot be proved as to who died first. The disposition in favour of C cannot take place
In Ajudhia v. Rakhman Kaur, a gift was to be transferred to the mother. However, as the property was not registered in her name due to local law, the gift accelerated and went to the children instead.
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Adv. Rahul Chauhan.

[@ajayveer7382]

Thanks a lot for the lucid explanation. Kindly make some more videos.👏👏👏

[@user-qn7hj9ly6d]

❤

[@kajulmahendra553]

Thank you sooo much sir

[@sadiazarreen3303]

Sir you explained really well, sab samajh mein aagaya. Thank you so much sir. ☺️

[@parvchauhan8585]

Good explanation....... Thanku

[@poojaadvocate2958]

Very nice explain sir

[@shilparahangdale5958]

Amazing sir😎

[@sumitjaiswal567]

Many Many Thanks Sir.

[@kidstube8257]

Awesome

[@thyrabegum2929]

concept cleared

[@RENUSINGH-tb2eh]

👍👍

[@marketingkumar7564]

Good Afternoon Sir- Sir conditional property TFR to samjh aa gya pr ek bat clear kro k property Agri Land nd House m tfr ho sakti h kya tfr not valid till before fulfill of condition complition. Regards

[@shreegandhagroupofcompanie9511]

Sir Section 27?