‘A’ makes a gift to a husband and wife on the condition of the donor having physical possession of the…

Under Section 6(h)(2) of the Transfer of Property Act, 1882, no transfer can be made for an unlawful object or consideration within the meaning of Section 23 of the Indian Contract Act, 1872, which includes any object or consideration that the court regards as immoral or opposed to public policy. Furthermore, under Section 25 of 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 immoral or opposed to public policy. Accordingly, a gift made on the immoral condition that the donor shall have physical possession of the donee’s wife is void in its entirety.