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Section 30: Prior disposition not affected by invalidity of ulterior disposition

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 29 All 137 Sections of Transfer of Property Act Section 31

Legal Commentary & Landmark Judgments: Section 30

Section 30 provides that a prior valid transfer is not affected by the invalidity of an ulterior disposition created in the same transaction.

  • Prior Disposition Independence: If the ulterior disposition is not valid, the prior disposition is not affected by it.
  • Vesting Preserved: The first transferee retains full, unencumbered ownership; the invalidity of the subsequent gift does not taint or invalidate the prior gift.
  • Doctrine of Severability: Ensures that illegal or void ulterior conditions do not destroy the primary property transfer.
Key Landmark Precedents:
  • Raja Bajrang Bahadur Singh v. Thakurain Bakhtraj Kuer, AIR 1953 SC 7: The Supreme Court authoritatively held that under Section 30, where the ulterior gift to an unborn person is void under Section 13, the prior life estate remains fully valid and absolute.
  • Bhavani Amma Kanakadevi v. C.S.I. Dakshina Kerala Maha Idavaka, (2008) 3 SCC 73: Affirmed that invalid subsequent restrictions leave the prior vested transfer intact.
Courtroom Practice & Strategic Litigation Guidance:

If a deed contains a void ulterior clause (e.g., perpetual restraint), assert Section 30 to establish that your client's prior estate is valid, absolute, and purged of the void condition.

Section 29 All 137 Sections of Transfer of Property Act Section 31