Section 26
Fulfilment of condition precedent.
The Transfer of Property Act, 1882
About this Act
An Act to amend the law relating to the Transfer of Property by act of Parties.
Where the terms of a transfer of property impose a
conditions to be fulfilled before a person can take an interest in the property, the condition shall be
deemed to have been substantially complied with.
Illustrations
(a) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D, and E. E dies. B marries with the consent of C and D. B is deemed to have fulfilled the condition.
(b) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E.B marries without the consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition.
Illustrations
(a) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D, and E. E dies. B marries with the consent of C and D. B is deemed to have fulfilled the condition.
(b) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E.B marries without the consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition.