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A transfers ₹5,000 to B on condition that B marries with the consent of C, D and E. In which scenario…

Section 26 treats substantial compliance with a condition precedent as fulfilment. Its illustrations distinguish advance consent of both surviving consent-givers after the…

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A transfers ₹5,000 to B on condition that B marries with the consent of C, D and E. In which scenario has B substantially complied with the condition under section 26 of the Transfer of Property Act, 1882?

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Answer and explanation

Correct answer C

Section 26 treats substantial compliance with a condition precedent as fulfilment. Its illustrations distinguish advance consent of both surviving consent-givers after the third dies from approval obtained only after marriage.

Option feedback

Option A

The statutory illustration treats consent given only after marriage as insufficient.

Option B

If all three consent-givers are available, marrying without any of their consent does not substantially perform the condition.

Option C

This scenario matches the illustration in which E dies and the remaining two consent before the marriage.

Option D

E's death excuses the missing consent from E in the illustration. D is alive and withholds consent, so the scenario does not match substantial compliance.

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