Section 26 The Transfer of Property Act, 1882

 



 Section 26 The Transfer of Property Act, 1882: 


Fulfilment of condition precedent.—Where the terms of a transfer of property impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been fulfilled if it has been substantially complied with. Illustration

(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.



Supreme Court of India Important Judgments And Leading Case Law Related to Section 26 The Transfer of Property Act, 1882: 


Muramlal vs Dev Karan on 8 May, 1964

Dattatraya Shanker Mote & Ors vs Anand Chintaman Datar & Ors on 3 October, 1974

Jaswant Singh Mathura Singh And  vs Ahmedabad Municipal Corporation ... on 1 October, 1991

Jaywant S. Kulkarni & Ors vs Minochar Dosabhai Shroff & Ors on 9 August, 1988

The Special Land Acquisition vs V.T. Velu & Ors on 16 January, 1996

Raichurmatham Prabhakar & Anr vs Rawatmal Dugar on 12 April, 2004

Murarilal vs Dev Karan on 8 May, 1964




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