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Under the Transfer of Property Act, 1882, B validly transfers property to C subject to a lawful condition that it will pass to A if A marries during B’s lifetime. A so marries. What follows?

Question and options

Under the Transfer of Property Act, 1882, B validly transfers property to C subject to a lawful condition that it will pass to A if A marries during B’s lifetime. A so marries. What follows?

  1. The transfer to C is void and property reverts back to B

  2. The transfer and condition are valid, and the property will transfer to A

  3. The transfer is valid, but condition is invalid, property remains with C

  4. The transfer is voidable at C's option

Answer and explanation

Correct answer: B - The transfer and condition are valid, and the property will transfer to A

Section 28 allows an interest to be created in favour of one person with a condition that, on a specified uncertain event, it shall pass to another. Under section 29 the condition must be strictly fulfilled, and A’s marriage during B’s lifetime fulfils it, so the property passes from C to A. A condition of marriage is neither impossible nor unlawful, so the transfer to C is not void or voidable and the condition is not invalid.

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