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CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (A) Transfer of Property, whether moveable or immoveable

Section 25: Conditional transfer

The Transfer of Property Act, 1882

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 or 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.

Questions on this section

1 question in 2 of our papers cite Section 25.

Practise questions on Transfer of Property Act