Question

Which are the situations where conditional transfer fails?

• A. impossible condition
• B. condition forbidden by law
• C. condition opposed to morals
• D. All of the above

Hint:

Section 25 of the Transfer of Property Act is analogous to Section 23 of the Indian Contract Act, 1872, which deals with unlawful considerations and objects.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question is based on Section 25 of the Transfer of Property Act, 1882, which specifies the grounds on which a conditional transfer fails.

Step 2: Detailed Explanation:

• Section 25 of the Transfer of Property Act, 1882: This section states that an interest created on a transfer of property and dependent upon a condition fails if the fulfillment of the condition is:
1. Impossible;
2. Forbidden by law;
3. Of such a nature that, if permitted, it would defeat the provisions of any law;
4. Fraudulent;
5. Involves or implies injury to the person or property of another;
6. Is regarded by the court as immoral or opposed to public policy.

• Impossible Condition: For instance, a transfer of property on the condition that the transferee walks 100 miles in an hour fails because the condition is physically impossible.

• Condition Forbidden by Law: A transfer on the condition that the transferee commits a crime or an illegal act fails.

• Condition Opposed to Morals: A transfer subject to a condition that promotes immorality or is against public morals (e.g., divorcing a spouse without cause) is void.

Step 3: Final Answer:
Since impossible conditions, conditions forbidden by law, and conditions opposed to morals all lead to the failure of a conditional transfer, the correct option is (D).