Question

A transfer Rs. 500 to his niece C, if she will desert her husband. The transfer is

• A. Void
• B. Voidable
• C. Valid
• D. None of the above

Hint:

Under the Transfer of Property Act (Section 25) and the Contract Act (Section 23), any condition or consideration that is illegal, immoral, or against public policy will render the transaction void. Conditions that interfere with marital relations are a classic example of this.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question is about a transfer of property that is subject to a condition. We need to determine the validity of the transfer based on the nature of the condition imposed, under the provisions of the Transfer of Property Act, 1882.
Step 2: Key Formula or Approach:
The relevant provision is Section 25 of the Transfer of Property Act, 1882.
Section 25. Conditional transfer.— "An interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the Court regards it as immoral or opposed to public policy."
Step 3: Detailed Explanation:
In this case, the transfer of Rs. 500 to C is dependent on a condition precedent: C must desert her husband.
- A condition that encourages the separation of a married couple is considered immoral and opposed to public policy.
- The law seeks to preserve the institution of marriage. A condition that induces a wife to leave her husband is detrimental to this public policy.
- Since the fulfillment of the condition is immoral and opposed to public policy, Section 25 applies.
- According to Section 25, if the condition precedent is void for being immoral or against public policy, the transfer itself fails and is therefore void.
Step 4: Final Answer:
The transfer is Void.