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Section 34: Transfer conditional on performance of act, time being specified

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 33 All 137 Sections of Transfer of Property Act Section 35

Legal Commentary & Landmark Judgments: Section 34

Section 34 regulates conditional transfers where a time is specified for the performance of an act, providing equitable relief against forfeiture where performance is prevented by fraud.

  • Time-Bound Conditional Transfer: Where the condition requires performance of an act within a specified time.
  • Strict Time Standard: Condition is broken if the act is not performed within the specified time.
  • Fraud Prevention Exception: If the performance of the act is prevented by the fraud of a person who would be directly benefited by the non-fulfilment of the condition, such further time shall as against him be allowed for performing such act as shall be requisite to make up for the delay caused by such fraud.
Key Landmark Precedents:
  • Bhavani Amma Kanakadevi v. C.S.I. Dakshina Kerala Maha Idavaka, (2008) 3 SCC 73: The Supreme Court observed that equity will not allow a conditional beneficiary to profit from their own fraud in preventing timely performance under Section 34.
  • K. Balakrishnan v. K. Kamalam, (2004) 1 SCC 581: Affirmed the fraud exception protecting transferees against calculated obstruction by rival claimants.
Courtroom Practice & Strategic Litigation Guidance:

If a rival family member fraudulently detains you or conceals papers to prevent you from fulfilling a time-bound condition, invoke Section 34 equity to obtain court extension of time.

Section 33 All 137 Sections of Transfer of Property Act Section 35