Scribd
Upload
27 views

Conditional Transfer

Uploaded by

vashistkshitiz152
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
27 views

Conditional Transfer

Uploaded by

vashistkshitiz152
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

Concept of Conditional Transfer in Property Law

Conditional transfer is the transfer of properties where a condition makes the


existence of a right dependent on the happening or not happening of a thing.
The legal effect of the transfer may vary based on the nature of the condition
attached to it. There are three types of conditions: Condition Precedent,
Condition Subsequent and Collateral Condition. All these conditions must
satisfy the requirements of Section 25 of the Transfer of Property Act, 1882.
Section 25 of the Transfer of Property Act, 1882, states that any transfer that
occurs upon the fulfillment of a condition imposed on the other party is a
conditional transfer. For instance, A agrees to transfer his property to B if B gets
selected for a job. The condition imposed by A for B to get a job is an example
of a condition.
For a conditional transfer to be valid, the imposed condition should not be:
1. Prohibited by law,
2. Should not be an act that involves fraudulent acts,
3. Should not be any act that is impossible,
4. Should not be an act that is termed as violative of public policy,
5. Should not be immoral,
6. Any act that incurs any harm to any person or his property.
For example, if X transfers property ‘B’ to Y under the condition that Y murders
Z, such a transfer is void as the condition is prohibited by law.

Types of Conditional Transfer in Property Law


Condition Precedent, Condition Subsequent and Condition Collateral are two
types of conditions under the Transfer of Property Act, 1882, that govern the
timing of fulfilling certain conditions in a property transfer.
Condition Precedent
Section 26 of the Transfer of Property Act, 1882, defines a Condition Precedent
as a condition that must be fulfilled before the transfer of property can take
place. Unlike Condition Subsequent, this condition does not require strict
compliance and can be considered fulfilled if there is substantial compliance.
For example, if A agrees to transfer his property to B on the condition that B
obtains the consent of X, Y and Z before getting married and Z dies before
giving consent, substantial compliance may be considered if B obtains the
consent of X and Y. However, if the condition is against public policy, such as in
the case of Wilkinson v. Wilkinson, where one party was required to desert
her husband for the transfer to go through, the condition would be deemed
invalid.

Condition Subsequent
Section 29 of the Transfer of Property Act, 1882, defines a Condition Subsequent
as a condition that must be fulfilled after the transfer of property has taken
place. This condition requires strict compliance and the transfer will only happen
if the condition is fulfilled.
For example, if A transfers property ‘X’ to B on the condition that B must score
above 75 percent in his university exams, the transfer will only be finalised if B
achieves the required marks. If B fails to meet this condition, the transfer will
break down and the property will revert back to A.
It’s important to note that for a condition to be valid, it must be lawful. If the
condition is unlawful, such as in the case where A transfers property to B on the
condition that B murders C, the condition will be considered void and the
transfer will go through, with the property being retained by B.

Condition Collateral
Condition Collateral refers to a condition that must be fulfilled simultaneously
after the transfer of property. This condition must be strictly followed for the
transfer to be valid. For example, if A transfers property ‘X’ to B on the condition
that B must maintain A’s wife C for a period of 10 years, B must comply with this
condition to validate the transfer. Failure to comply will result in the breakdown
of the transfer and the property will not be transferred to B.
In a recent case in 2018, the Supreme Court clarified the concept of a conditional
gift. If a gift is conditional and there is no acceptance or proof of acceptance
and the possession of the gift remains with the donor for their lifetime without
completion of the condition, the donor has the right to cancel the gift deed.
This cancellation does not violate the principles of a valid property transfer.
Here’s a table summarising the differences between Condition Precedent,
Condition Subsequent and Condition Collateral in property transfers:
Condition Condition Condition
Aspect
Precedent Subsequent Collateral

Before the After the Simultaneously


Timing of
transfer takes transfer has after the
Condition
place. taken place. transfer.
Does not
Requires strict Requires strict
Compliance require strict
compliance. compliance.
compliance.

Transfer can Transfer


Transfer occurs
Effect on occur with occurs only if
only if condition
Transfer substantial condition is
is fulfilled.
compliance. fulfilled.

A agrees to
transfer A transfers
A transfers
property if B property to B
property to B if
obtains if B scores
Example B maintains A’s
consent from above 75% in
wife C for 10
X, Y and Z university
years.
before exams.
marrying.

Other Types of Conditions


Section 27 of the Transfer of Property Act, 1882, deals with situations where
the first transfer fails and a subsequent transfer is made to another person. For
example, if A transfers a car to B on the condition that B transfers his bike to C,
but B fails to do so, the car will go to D as per the prior disposition. However,
for the subsequent transfer to be valid, the condition on the first transfer must
be valid. If the condition is not fulfilled or is deemed to fail, only then does the
subsequent transfer take effect.

The Doctrine of Acceleration, illustrated in Ajudhia v. Rakhman Kaur, states


that if the first condition fails, the property should pass to another person as if
it was never vested in the first person. This doctrine does not apply to gift
transfers unless the first transfer fails in a specified manner.

Section 28 addresses subsequent transfers that occur based on the non-


occurrence of a specified event. This involves Conditional Limitation, where a
condition affects any ulterior disposition of the property. If a vested property
involves a condition that does not happen, the property is transferred to the
ulterior disposition, which is the ultimate beneficiary.

Section 30 clarifies that the invalidity of an ulterior disposition does not affect
the validity of the initial transfer. For example, if X transfers land to Y and then,
after his marriage, life interest to his male offspring (which is invalid), the transfer
to Y remains valid.
Section 31 states that a transfer where a condition of happening or non-
happening of an event is applied will cease to have effect if the condition is not
met. This condition is given in a negative sense, where the transferor prescribes
when the transfer shall cease to have effect.
The case of Ambika Charan v. Sasitara confirms that even collateral
conditions are valid under this section.

Section 32 specifies that the conditions in Section 31 should not be invalid or


prohibited by law. If a condition in an ulterior disposition is invalid, it will not
affect any prior transfers, as long as the conditions in Section 25 are met.

Section 33 deals with transfers where no time is specified for the happening or
non-happening of an act. The transfer ceases to have effect only when the act
becomes permanently impossible.

Section 34 addresses transfers where a time is specified for the happening or


non-happening of an act. If the condition is fulfilled within the prescribed time,
the transfer continues to have effect; otherwise, it ceases to have effect. If the
delay is caused by a person interested in the non-fulfilment of the condition,
the delay is excused, as seen in the example of X transferring property to Y with
a condition regarding going to the U.S. within 2 years. If Z, by playing a fraud,
prevents Y from fulfilling the condition, the delay is excused.

Conclusion
Conditional transfer in property law is a fundamental concept as it allows parties
to tailor property transactions to meet their specific needs and circumstances.
Understanding the different types of conditions and their legal implications is
essential for ensuring the validity and enforceability of property transfers. By
adhering to the principles outlined in the Transfer of Property Act, parties can
navigate the complexities of conditional transfers and safeguard their property
interests.

You might also like