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Define Conditional transfer of property?

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 ROSHNI asked over 2 years ago

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5 Answers
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Ashika answered over 2 years ago

Conditional 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) 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 on condition that she shall murder C. The transfer is void.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 lochan answered over 2 years ago

**CONDITIONAL TRANSFER OF PROPERTY** Conditional Trasnfers of the Transfer of the Property Act explains under the Section 25 to 34. Every Person compentent to contract can transfer a property either absolutely or conditionally.Such conditions may be either "Conditions Precedent or Condition Subsequent". In Condition Precedent, conditions must be fullfilled before a person can acquire an interest in a property. In Condition Subsequent, conditions must be performed after the transfer has taken place. Eg:- "A" transfers a house to "B" on the condition that "B" shall marry "C". This is a Condition Precedent.But "A" transfres the house to "B" with a condition that "B" shall marry "C" within two years from the of the transfer.This is a Condition Subsequent. Condition Precedent : According to the Section 25 and 26 defines the "Condition Precedent" in the Transfer of the Property. The Condition Precedent must not be impossible of performance. It must be lawful and not forbidden by law. The condition Precedent must obey the provisions of all laws. It should not fradulent and or cause injury to the person or property of another person and or should not be immoral or opposed to public policy. Condition Subsquent : According to the Section 27 to 34 of the Transfer of the Property Act defines the "Condition Subsequent".Condition Subsequent has different types of Transfers. They are:- 1. Subsequent Transfers 2. Conditional Limitation 3. Fullfilment of Condition Subsequent 4. Prior disposition not affected by invalidity of ulterior disposition 5. Condition that transfer to effect in specified uncertain events 6. Condition invalid and 7. Conditional on Performance. Thanks

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Open uri20170510 32134 1jb1dwr?1494421680 Vaibhav answered over 2 years ago

Conditional 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) 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 on condition that she shall murder C. The transfer is void. (d) A transfers Rs. 500 to his niece C, if she will desert her husband. The transfer is void.

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Data?1494421636 Deep answered over 2 years ago

Conditional Transfer of Property means any transfer, sale or alienation of property which is effected by a notarial instrument and which, by virtue of such instrument or any other notarial instrument, is subject to the right of the person by whom the property was transferred, sold or alienated or of any other person to redeem or purchase the property within a period specified in such instrument or such other instrument.

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Vaibhav commented about 1 year ago

u help me i help u.. like my ans

Data?1494421730 rohit awasthi answered over 2 years ago

Hii roshni > Conditional transfer of property Conditional transfer of property 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. Example: (a) Mr Ram lets a farm to Shyam on condition that he shall run a 100 miles in an hour. The lease is void. (b) Ram gives Rs. 50000 to Shyam on condition that he shall marry Ram's daughter Jyoti. At the date of the transfer Jyoti was dead. The transfer is void. (c) Ram transfers Rs. 50000 to Shyam on condition that she shall murder Gyan. The transfer is void. (d) Ram transfers Rs. 50000 to his niece Jyoti, if she will desert her husband. The transfer is void. Fulfilment of condition precedent 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. Example: (a) Ram transfers Rs. 50000 to Shyam on condition that he shall marry with the consent of Jyoti, Radha and Sita. Sita dies. Shyam marries with the consent of Radha and Jyoti. Shyam is deemed to have fulfilled the condition. (b) Ram transfers Rs. 50000 to Shyam on condition that he shall marry with the consent of Jyoti, Radha and Sita. Shyam marries without the consent of Jyoti, Radha and Sita, but obtains their consent after the marriage. Shyam has not fulfilled the condition.

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