Conditional Transfer|| Section 25|| Transfer of Property Act, 1882 #tpaact1882 #section25tpa

Archna Sukhija
Archna Sukhija
24.7 هزار بار بازدید - 4 سال پیش - Condition Precedent Wilkinson v. Wilkinson
Condition Precedent
Wilkinson v. Wilkinson (1871) In this case, there was a condition where one party was required to desert her husband for the transfer ; this was held by the court as invalid as it was against public policy.
Gonendra Mohan Tagore v. Rajah Jotindra Mohan Tagore (1872) A agrees to transfer his property to B, if B marries C with the permission of X, Y, Z. Subsequently, Z dies. B obtains permission from X and Y and marries C. In such a case B has deemed to comply with the condition and the transfer is to take place.
Condition Subsequent
Venkatarama v. Aiyasami (1922) X who was under a sentence of transportation for life, transferred his field to Y, with a proviso that in case he returns from Port Blair, Y’s interest shall cease. X returned from Port Blair and hence the court held that X can claim back his field from Y.
Doctrine of Acceleration
Ajudhia v. Rakhman Kaur (1833) In this case, property was not registered in the name of mother because of a local act and she could not have received the gift, the property was accelerated to the children as a gift.
Underwood v. Wing (1855) A transfers his property to his wife B, in case she dies in his lifetime the property should be transferred to C. A and his wife B die in an accident together and it cannot be proved as to who died first. The disposition in favor of C cannot take place.

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4 سال پیش در تاریخ 1399/04/14 منتشر شده است.
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