Where an act is to be performed by a person either as a condition to be fulfilled before an interest created on a transfer of property is enjoyed by him, or as a condition on the non-fulfillment of which the interest is to pass from him to another person, and a time is specified for the performance of the act, if such performance within the specified time is prevented by the fraud of a person who would be directly benefited by non-fulfilment of the condition, such further time shall as against him be allowed for performing the act as shall be requisite to make up for the delay caused by such fraud. But if no time is specified for the performance of the act, then, if its performance is by the fraud of a person interested in the non-fulfilment of the condition rendered impossible or indefinitely postponed, the condition shall as against him be deemed to have been fulfilled.
CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (A) Transfer of Property, whether moveable or immoveable
Section 34: Transfer conditional on performance of act, time being specified
The Transfer of Property Act, 1882
Questions on this section
2 questions in 14 of our papers cite Section 34. Try these from the free papers:
1. A transfers a house to B on condition that B shall marry C, no time being specified for the marriage, and provides that if B does not fulfil the condition the house shall pass to D. D, who stands to gain if the condition is not fulfilled, fraudulently induces C to marry another person, so that B can never marry C. Under Section 34 of the Transfer of Property Act, 1882:
2. A transfers land to B on condition that B shall pass a specified professional examination within two years of the transfer, failing which the land shall pass to C. Before the two years expire, C by fraud prevents B from sitting the examination, causing B a delay of six months. Under the Transfer of Property Act, 1882: