What is Fulfilment of condition precedent? Section 26 of Transfer of Property Act, 1882
26. 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 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.
Section 21 - Contingent interest
Section 22 - Transfer to members of a class who attain a particular age
Section 23 - Transfer contingent on happening of specified uncertain event
Section 24 - Transfer to such of certain persons as survive at some period not specified
Section 25 - Conditional transfer
Section 26 - Fulfillment of condition precedent
Section 28 - Ulterior transfer conditional on happening or not happening of specified event
Section 29 - Fulfillment of condition subsequent
Section 30 - Prior disposition not affected by invalidity of ulterior disposition
Section 32 - Such condition must not be invalid
Section 33 - Transfer conditional on performance of act, no time being specified for performance
Section 34 - Transfer conditional on performance of act, time being specified
Section 35 - Election when necessary
Section 36 - Apportionment of periodical payments on determination of interest of person entitled
Section 37 - Apportionment of benefit of obligation on severance
Section 38 - Transfer by person authorised only under certain circumstances to transfer
Section 39 - Transfer where third person is entitled to maintenance
Section 40 - Burden of obligation imposing restriction on use of land