Section 26 of The Transfer of Property Act, 1882
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.
Summary
- This provision states that a condition precedent, which is a condition that must be fulfilled before a person can take an interest in property, does not need to be met perfectly.
- A condition precedent is legally met if it has been substantially complied with, which means the person has fulfilled the essential parts of the condition.
- Literal, strict compliance with the condition is not required as long as the core intent of the condition is satisfied.
- If compliance is not even substantial, or is done after the transfer event, the condition is not met and the transfer fails.
Practical examples
FAQ
1. What does substantial compliance mean under Section 26 of the Transfer of Property Act, 1882?
Under Section 26 of the Transfer of Property Act, 1882, substantial compliance means that the transferee has fulfilled the essential spirit and requirements of a condition precedent, even if perfect literal fulfillment was impossible.
2. Can consent obtained after marriage satisfy a condition precedent under Section 26 of the 1882 Act?
No, under Section 26 of this legislative Act, obtaining consent after the marriage has already occurred is not substantial compliance, so the condition fails.
Test yourself
Q1.Under Section 26 of the Transfer of Property Act, 1882, if a condition must be fulfilled before a person can take an interest in property, how must that condition be complied with?
Q2.Under Section 26 of the Transfer of Property Act, 1882, if a transfer is conditioned on marrying with the consent of A, B, and C, and A dies, what happens if the person marries with the consent of B and C?
Q3.Under Section 26 of the Transfer of Property Act, 1882, if a person marries without the required consent of three guardians, but obtains their consent after the marriage, why does the transfer fail?
Q4.Under the Transfer of Property Act, 1882, what is the key relationship between Section 25 (conditional transfers) and Section 26 (fulfilment of condition precedent)?