3. A transfers Rs. 5,000 to B as condition that he shall marry with the consent of C, D and E. E dies. B marries with the consent of C and D. Is the condition fulfilled?

Facts of the Case

A transfers Rs. 5,000 to B on the condition that B shall marry only with the consent of C, D, and E. Before the marriage takes place, E dies. Subsequently, B marries with the consent of C and D. The central question arises whether the condition attached to the transfer of Rs. 5,000 has been fulfilled given that one of the consent-givers (E) is deceased.

Issues in the Case

1. Whether the death of E affects the fulfillment of the condition.
2. Whether the consent of C and D alone is sufficient to satisfy the condition attached to the transfer.
3. Whether the condition becomes impossible to perform due to E’s death.

Legal Principles Covered

1. Doctrine of Conditional Transfer (Section 108, Indian Contract Act, 1872) – Conditions attached to a gift or transfer must be fulfilled unless it becomes impossible due to circumstances beyond control.
2. Doctrine of Impossibility – If a condition depends on a person’s consent and that person dies, the law considers the condition fulfilled if it becomes objectively impossible to obtain the deceased’s consent.
3. Section 56, Indian Contract Act – Agreements to do an impossible act are void. Here, obtaining consent from a deceased person is impossible.
4. Interpretation by Courts – Courts have held that when a condition becomes impossible due to death, the fulfillment of remaining feasible conditions is sufficient.

Possible Judgement

The court is likely to hold that the condition has been fulfilled. Since E’s consent cannot be obtained due to death, it is deemed impossible, and the consent of C and D satisfies the condition for the purpose of the transfer. Therefore, B is entitled to the Rs. 5,000 transferred by A.

About Lawgnan

Understanding complex conditions in property transfers is crucial for anyone dealing with gifts, wills, or contractual obligations in India. Learn how the law treats conditional transfers and the impact of unforeseen events like death on consent. Stay informed to ensure that your legal arrangements are valid and enforceable. Explore detailed case analyses and practical insights on conditional property transfers, contract law, and succession rules. Visit lawgnan.in today for expert guidance, in-depth legal articles, and updates on Indian property law to safeguard your rights and make informed decisions with confidence.