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Difference between condition precedent and condition subsequent

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Uma asked over 2 years ago

Difference between condition precedent and condition subsequent

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 narahari answered almost 2 years ago

In case of condition subsequent , the transfer is valid if the condition is i) impossible of performance ,ii) immoral and iii) opposed to the public policy , only the condition will be ignored . In condition precedent the condition must be valid in the eye of law . In condition subsequent the condition’s invalidity will be ignored .

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 lochan answered over 2 years ago

**CONDITION PRECEDENT AND CONDITION SUBSEQUENT** Condition precedent-- Interest is created before the condition. Condition subsequent--The condition comes before the interest. Condition precedent-- condition precedent precedes the vesting of right Condition subsequent--condition subsequent follows the vesting of right. Condition precedent--In condition precedent the condition must be valid in the eye of law . Condition subsequent-- condition subsequent the condition is not mandatorily be valid . Thanks

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Picsjoin 2017224123730582 Archana answered over 2 years ago

Hie Uma, Difference between Condition precedent & Condition subsequent is as follows :- - A condition precedent is one which must happen before the estate can commence . - A condition subsequent is one by the happening of which an existing estate will be defeated . - Vesting of estate is postponed till the condition is performed . - Vesting is immediately completed and not postponed . - Once the interest is vested it can never be divested on the ground of nonfulfilment of the condition . - Though the interest is vested it is liable to be divested on the ground of non-fulfilment of condition. - Acquisition of an estate is affected in the condition precedent . - Retention of the estate is affected in the condition subsequent . - In case of condition precedent , the transfer is void if the condition is i) impossible of performance ,ii) immoral and iii) opposed to the public policy . - In case of condition subsequent , the transfer is valid if the condition is i) impossible of performance ,ii) immoral and iii) opposed to the public policy , only the condition will be ignored . - In condition precedent the condition must be valid in the eye of law . - In condition subsequent the condition’s invalidity will be ignored . - The condition precedent may be subsequently complied with . The doctrine of Cy-press applies . - The condition subsequent must be strictly complied with . The doctrine of Cy-press does not apply .

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