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Section 29: Fulfillment of condition subsequent

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 28 All 137 Sections of Transfer of Property Act Section 30

Legal Commentary & Landmark Judgments: Section 29

Section 29 mandates that an ulterior disposition taking effect upon failure of a prior interest on a condition subsequent cannot take effect unless the condition is strictly fulfilled.

  • Condition Subsequent Strictness: An ulterior disposition of the kind contemplated by Section 28 cannot, since it has once vested, be divested unless the condition is strictly fulfilled.
  • Strict Compliance Rule: Contrasts with Section 26 substantial compliance; once an estate has vested, it can only be divested upon literal and strict fulfillment of the defeasance clause.
  • Protection Against Disvesting: Shields vested title from forfeiture due to technical or approximate contingencies.
Key Landmark Precedents:
  • Bhavani Amma Kanakadevi v. C.S.I. Dakshina Kerala Maha Idavaka, (2008) 3 SCC 73: The Supreme Court emphasized that divesting of a vested estate under Section 29 requires strict compliance with the condition subsequent; courts will not infer forfeiture lightly.
  • K. Balakrishnan v. K. Kamalam, (2004) 1 SCC 581: Affirmed that conditions subsequent are strictly construed against divestment.
Courtroom Practice & Strategic Litigation Guidance:

To divest a vested estate under a condition subsequent, prove literal and complete breach of the condition; substantial breach is legally insufficient to dislodge vested title under Section 29.

Section 28 All 137 Sections of Transfer of Property Act Section 30