Section 27 The Transfer of Property Act, 1882

 


Section 27 The Transfer of Property Act, 1882: 


Conditional transfer to one person coupled with transfer to another on failure of prior disposition.—Where, on a transfer of property, an interest therein is created in favour of one person, and by the same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of the prior disposition, although the failure may not have occurred in the manner contemplated by the transferor. But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not take effect unless the prior disposition fails in that manner. Illustration

(a) A transfers Rs. 500 to B on condition that he shall execute a certain lease within three months after A’s death, and, if he should neglect to do so, to C. B dies in A’s life-time. The disposition in favour of C takes effect.

(b) A transfers property to his wife; but, in case she should die in his life-time, transfer to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him. The disposition in favour of B does not take effect.




Supreme Court of India Important Judgments And Leading Case Law Related to Section 27 The Transfer of Property Act, 1882: 

Bhaiya Punjalal Bhagwanddin vs Dave Bhagwatprasad Prabhuprasad on 4 May, 1962

Fatima Bi & Anr vs Deputy Custodian General Evacuee on 27 March, 1973

Dr. Rajendra Prakash Sharma vs Gyan Chandra & Ors on 27 March, 1980

Vinodchandra Sakarlal Kapadia vs State Of Gujarat . on 15 June, 2020

Jyotish Thakur And Ors. vs Tarakant Jha And Ors. on 11 September, 1962

Gopi Kanta Sen vs Abdul Gaffur & Ors on 11 August, 1967

Tarkeshwar Sio Thakur Jiu vs Bar Dass Dey & Co. And Ors on 6 February, 1979

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

Dwarika Nath Acooli vs Dulal Chandra Bayen & Ors on 6 January, 2009




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