Fulfilment of condition precedent
Section 26 of the Transfer of Property Act, 1882 deals with fulfilment of condition precedent. Where the terms of a transfer of property impose a conditions to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been substantially complied with. The Act came into force on 01 Jul 1882.
Where the terms of a transfer of property impose a conditions to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been substantially complied with.
Illustrations
(a) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D, and E. E dies. B marries with the consent of C and D. B is deemed to have fulfilled the condition.
(b) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E.B marries without the consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition.
Section 26, The Transfer of Property Act, 1882 (Act 4 of 1882).
Questions about Section 26
What does Section 26 of the Transfer of Property Act deal with?
Section 26 of the Transfer of Property Act is headed "Fulfilment of condition precedent". Where the terms of a transfer of property impose a conditions to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been substantially complied with.
How do I find court cases under Section 26 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 26, section 26 TP Act, section 26 of the Transfer of Property Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 26 of the Transfer of Property Act come into force?
Section 26 of the Transfer of Property Act, cited as TP Act 26, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
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- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.