Section 26 of Transfer of Property Act - Fulfillment of condition precedent

Section 26 Transfer of Property Act Description

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.

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 conditions.

(b) A transfer Rs. 5,000 to be 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.

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