Question

A transfer Rs 500 to his niece C, if she will desert her husband. Which of the statement is true with respect to the transfer?

• A. Transfer is valid
• B. Transfer is void
• C. Condition subsequent and hence valid.
• D. All the above

Hint:

Any condition that disrupts family relations, encourages illegal acts, or violates public policy is void under Section 25, which consequently invalidates the entire transfer.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question presents a scenario where a transfer of money is conditioned upon the transferee deserting her husband.
We must determine whether this transfer is valid or void under the rules of conditional transfer.

Step 2: Detailed Explanation:

• Section 25 of the Transfer of Property Act, 1882: Under this section, any conditional transfer fails if the condition is opposed to public policy or is immoral.

• Desertion of Spouse: Marriage is considered a sacred union and a social institution protected by law.
Any condition that encourages or requires the dissolution of a marriage, such as deserting a husband, is deemed contrary to public policy and immoral.

• Consequence on Transfer: Because the condition itself is void, the entire transfer that depends upon this condition also fails and becomes void.

Step 3: Final Answer:
The transfer is void because the condition is opposed to public policy, making Option B the correct choice.