The most confused topic in transfer of property act, 1881.
it includes case laws and also examples of vested and contingent interest.
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Language: en
Added: Jul 04, 2021
Slides: 8 pages
Slide Content
By – D.PRIYANKA
What is an interest? Interest means having an ownership in property or having a kind of right to do something with or on the property. Example: lease
Vested interest- Section 19 of transfer of property act,1882 Postponement of enjoyment Prior interest Directed to be accumulated until the time of enjoyment arrives
It takes place in 2 stages Vested interest - 1. Immediate transfer Acquire possession but right to enjoyment is postponed
Characteristics: Vested interest is both transferrable and heritable right. If the transferee dies before actual possession or enjoyment, it passes on to his heirs. Interest is not defeated by the death of the transferee before actual possession is attained by him. Interest is not defeated even if prior interest in the same property is given to someone else. Cases: 1. Ramaswami Naidu v.s M.S. Velappan 2. Sundar Bibi vs Rajendra Narayan
Contingent interest: Section 21 of transfer of property act, 1882. An interest created in favour of a person shall come into effect after certain event occurs. It is transferable but not heritable. It cannot take effect if the transferee dies before the condition is met. Subject matter is 'specified uncertain event'
Cases: Leake v. Robinson Difference: When an interest is vested , the transfer is complete but when the interest is contingent , the transfer depends upon a condition precedent