Answer :-
According to section 26 of the Transfer
of Property Act ‘ condition precedent ‘
means where the terms of a transfer of
property impose a condition which
must be fulfilled before a person can
take an interest in the property , that
condition is called a condition
precedent .The transferee’s interest in
the property is only contingent until the
condition is fulfilled .
Let us suppose that A transfers ` 5,000
to B on condition that he shall marry
with the consent of C , D and E. But E
dies and B marries with the consent of
C and D. B is deemed to have fulfilled
the condition . This condition is called a
condition precedent .
‘ Condition subsequent’ is defined by
section 28 of the Transfer of Property
Act . According to section 28 , on a
transfer of property , an interest therein
may be created to accrue to any
person , with the condition superadded
that in case a specified uncertain event
happens or does not happen , such
interest is to pass to another person .
Such a condition is called a condition
subsequent .
A condition subsequent divests an
estate from one person and vests it in
another person .
This may be explained by an example .
Let us suppose that a sum of money is
transferred to A , to be paid to him at
the age of 18 ; if he shall die before he
attains that age , to B . A takes a vested
interest in the transfer , subject to be
divested and to go to B , in case A shall
die under 18 .
The difference between condition
precedent and condition subsequent
may be shown in the following tabular
form .
Condition precedent.
Condition subsequent.
1.
A condition precedent is one which
must happen before the estate can
commence .
A condition subsequent is one by the
happening of which an existing estate
will be defeated .
2.
Vesting of estate is postponed till the
condition is performed .
Vesting is immediately completed and
not postponed .
3.
Once the interest is vested it can never
be divested on the ground of
nonfulfilment of the condition .
Though the interest is vested it is liable
to be divested on the ground of non-
fulfilment of condition.
4.
Acquisition of an estate is affected in
the condition precedent .
Retention of the estate is affected in
the condition subsequent .
5.
In case of condition precedent , the
transfer is void if the condition is i)
impossible of performance ,ii) immoral
and iii) opposed to the public policy .
In case of condition subsequent , the
transfer is valid if the condition is i)
impossible of performance ,ii) immoral
and iii) opposed to the public policy ,
only the condition will be ignored .
6.
In condition precedent the condition
must be valid in the eye of law .
In condition subsequent the condition’s
invalidity will be ignored .
7.
The condition precedent may be
subsequently complied with . The
doctrine of Cy-press applies .
The condition subsequent must be
strictly complied with . The doctrine of
Cy-press does not apply .
*****
According to section 26 of the Transfer
of Property Act ‘ condition precedent ‘
means where the terms of a transfer of
property impose a condition which
must be fulfilled before a person can
take an interest in the property , that
condition is called a condition
precedent .The transferee’s interest in
the property is only contingent until the
condition is fulfilled .
Let us suppose that A transfers ` 5,000
to B on condition that he shall marry
with the consent of C , D and E. But E
dies and B marries with the consent of
C and D. B is deemed to have fulfilled
the condition . This condition is called a
condition precedent .
‘ Condition subsequent’ is defined by
section 28 of the Transfer of Property
Act . According to section 28 , on a
transfer of property , an interest therein
may be created to accrue to any
person , with the condition superadded
that in case a specified uncertain event
happens or does not happen , such
interest is to pass to another person .
Such a condition is called a condition
subsequent .
A condition subsequent divests an
estate from one person and vests it in
another person .
This may be explained by an example .
Let us suppose that a sum of money is
transferred to A , to be paid to him at
the age of 18 ; if he shall die before he
attains that age , to B . A takes a vested
interest in the transfer , subject to be
divested and to go to B , in case A shall
die under 18 .
The difference between condition
precedent and condition subsequent
may be shown in the following tabular
form .
Condition precedent.
Condition subsequent.
1.
A condition precedent is one which
must happen before the estate can
commence .
A condition subsequent is one by the
happening of which an existing estate
will be defeated .
2.
Vesting of estate is postponed till the
condition is performed .
Vesting is immediately completed and
not postponed .
3.
Once the interest is vested it can never
be divested on the ground of
nonfulfilment of the condition .
Though the interest is vested it is liable
to be divested on the ground of non-
fulfilment of condition.
4.
Acquisition of an estate is affected in
the condition precedent .
Retention of the estate is affected in
the condition subsequent .
5.
In case of condition precedent , the
transfer is void if the condition is i)
impossible of performance ,ii) immoral
and iii) opposed to the public policy .
In case of condition subsequent , the
transfer is valid if the condition is i)
impossible of performance ,ii) immoral
and iii) opposed to the public policy ,
only the condition will be ignored .
6.
In condition precedent the condition
must be valid in the eye of law .
In condition subsequent the condition’s
invalidity will be ignored .
7.
The condition precedent may be
subsequently complied with . The
doctrine of Cy-press applies .
The condition subsequent must be
strictly complied with . The doctrine of
Cy-press does not apply .
*****
