Section 23 in The Transfer of Property Act, 1882

Title: Transfer contingent on happening of specified uncertain event.

Description: Where, on a transfer of property, an interest therein is to accrue to a specified person if a specified uncertain event shall happen, and no time is mentioned for the occurrence of that event, the interest fails unless such event happens before, or at the same time as, the intermediate or precedent interest ceases to exist.

Title: Transfer to such of certain persons as survive at some period not specified.

Description: Where, on a transfer of property, an interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is not specified, the interest shall go to such of them as shall be alive when the intermediate or precedent interest ceases to exist, unless a contrary intention appears from the terms of the transfer. Illustration A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the life of B. D survives B. At B's death the property passes to D.

Title: Conditional transfer.

Description: An interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the Court regards it as immoral or opposed to public policy. Illustrations (a) lets a farm to B on condition that he shall walk a hundred miles in an hour. The lease is void. (b) A gives Rs. 500 to B on condition that he shall marry A's daughter C. At the date of the transfer C was dead. The transfer is void. (c) A transfers Rs. 500 to B or. condition that she shall murder C. The transfer is void. (d) A transfer Rs. 500 to his nece C if she will desert her husband. The transfer is void.

Title: Fulfilment of condition precedent.

Description: 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.

Title: Conditional transfer to one person coupled with transfer to another on failure of prior disposition

Description: Where, on a transfer of property, an interest therein is created in favour of one person, and by the same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of the prior disposition, although the failure may not have occurred in the manner contemplated by the transferor. But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not take effect unless the prior disposition fails in that manner. Illustrations (a) A transfers Rs. 500 to B on condition that he shall execute a certain lease within three months after As death, and, if he should neglect to do so, to C. B dies in A's life-time. The disposition in favour of C takes effect. (b) A transfers property to his wife; but, in case she should die in his life-time, transfers to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him. The disposition in favour of B does not take effect

CHAPTER 2 OF TRANSFERS OF PROPERTY BY ACT OF PARTIES (A) Transfer of property, whether moveable or immoveable