Section 26: Fulfilment of condition precedent

Questions on this section

2 questions in 7 of our papers cite Section 26. Try these from the free papers:

1. 1. A transfers Rs 50,000 to B on condition that B shall marry with the consent of C, D and E. B marries without their consent, but all three give their consent after the marriage. Under Section 26 of the Transfer of Property Act, 1882:

   A.the condition is void as a restraint of marriage, so B takes the money absolutelyB.B has not fulfilled the condition, as consent after the marriage is not complianceC.B is deemed to have substantially complied, since none of the three objectedD.B has fulfilled the condition, as the consent of all three was eventually obtained
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2. 2. Under the Transfer of Property Act, 1882, a condition precedent to the taking of an interest is deemed fulfilled if it has been ______, whereas an ulterior disposition dependent on a condition subsequent cannot take effect unless the condition is ______.

   A.substantially complied with; strictly fulfilledB.substantially complied with; substantially fulfilledC.strictly complied with; strictly fulfilledD.strictly complied with; substantially fulfilled
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