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Section 33: Transfer conditional on performance of act, no time being specified for performance

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 32 All 137 Sections of Transfer of Property Act Section 34

Legal Commentary & Landmark Judgments: Section 33

Section 33 governs conditional transfers dependent on the performance of an act where no time is specified, establishing when the condition is deemed broken.

  • Performance Without Specified Time: Where the condition requires performance of an act, but no time is specified for the performance thereof.
  • Deemed Broken Trigger: The condition is broken when the person renders impossible, permanently or for an indefinite period, the performance of the act.
  • Anticipatory Breach Doctrine: Codifies the doctrine of anticipatory impossibility in property dispositions.
Key Landmark Precedents:
  • K. Balakrishnan v. K. Kamalam, (2004) 1 SCC 581: The Supreme Court noted that Section 33 determines when a conditional beneficiary forfeits rights by rendering performance permanently impossible.
  • Raja Bajrang Bahadur Singh v. Thakurain Bakhtraj Kuer, AIR 1953 SC 7: Affirmed that voluntary destruction of the subject matter or capacity triggers immediate forfeiture under Section 33.
Courtroom Practice & Strategic Litigation Guidance:

If a transfer is conditioned on marrying a specific individual, and the transferee marries someone else, the condition is permanently broken immediately under Section 33 without waiting for the individual's death.

Section 32 All 137 Sections of Transfer of Property Act Section 34