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Section 32: Such condition must not be invalid

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 31 All 137 Sections of Transfer of Property Act Section 33

Legal Commentary & Landmark Judgments: Section 32

Section 32 mandates that in order that a condition that an interest shall cease to have effect may be valid, the condition must not be invalid, unlawful, or impossible under law.

  • Validity Standard: In order that a condition that an interest shall cease to have effect may be valid, the condition must not be invalid under law.
  • Contract Act Incorporation: Condition must not be: (a) impossible of performance, (b) forbidden by law, (c) fraudulent, (d) involving injury to person or property, or (e) opposed to public policy (Section 23 Contract Act).
  • Effect of Invalidity: If the defeasance condition is invalid, the condition fails and the prior transfer remains absolute under Section 30.
Key Landmark Precedents:
  • Bhavani Amma Kanakadevi v. C.S.I. Dakshina Kerala Maha Idavaka, (2008) 3 SCC 73: The Supreme Court struck down a condition restraining alienation as invalid under Section 10 and Section 32, holding that the gift remained absolute.
  • State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77: Affirmed that property conditions contrary to public policy are void under Section 32.
Courtroom Practice & Strategic Litigation Guidance:

Challenge covenants in family deeds that purport to terminate a daughter's inheritance if she marries outside the caste as unlawful and void under Section 32.

Section 31 All 137 Sections of Transfer of Property Act Section 33