1. Facts of the Case
A, the transferor, transfers immovable property to B subject to a specific condition that B shall marry only with the consent of C. The transfer is otherwise complete and valid. B subsequently marries without obtaining the prior consent of C. However, after the marriage, B approaches C and obtains consent retrospectively. B then claims the property under the transfer. The dispute arises as to whether the condition attached to the transfer has been fulfilled in law and whether B is entitled to retain or claim the property.
2. Issues in the Case
- Whether the condition requiring consent for marriage is a valid condition under the Transfer of Property Act, 1882.
- Whether post-marriage consent satisfies the condition imposed at the time of transfer.
- Whether breach of the condition renders the transfer void or voidable.
- Whether B can legally claim the property despite non-compliance at the relevant time.
3. Legal Principles Covered to Support Case Proceedings and Judgements
Under Section 25 of the Transfer of Property Act, 1882, a transfer subject to a condition dependent on an uncertain future event is valid only if the condition is not illegal, immoral, or opposed to public policy. A condition restraining marriage or making it dependent upon another’s consent is not per se void, unless it amounts to an absolute restraint.
In this case, the consent of C was a condition precedent, meaning it had to be fulfilled before or at the time of marriage. Subsequent or retrospective consent does not cure the original breach. Indian courts have consistently held that conditions precedent must be strictly complied with. Once the marriage occurred without consent, the condition failed, and later approval cannot revive the condition or validate the transfer.
4. Possible Judgement
The court is likely to hold that B cannot claim the property. Since the condition requiring consent was not fulfilled at the time of marriage, the condition precedent failed. Subsequent consent does not amount to compliance under the law. Therefore, the transfer does not take effect in favour of B, and A or his legal heirs would retain rights over the property.
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