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Problem 2

In property law, future interests can be classified as vested or contingent based on their certainty. In this case, B's interest in a property was deemed contingent because it depended on the uncertain event of A dying without adopting a son, which did not occur before B's death. As a result, B's interest lapsed and could not be inherited by his heirs.

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6 views2 pages

Problem 2

In property law, future interests can be classified as vested or contingent based on their certainty. In this case, B's interest in a property was deemed contingent because it depended on the uncertain event of A dying without adopting a son, which did not occur before B's death. As a result, B's interest lapsed and could not be inherited by his heirs.

Uploaded by

sharonds750
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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In property law, future interests in property can be classified as either vested or contingent,

depending on whether they take effect immediately or are subject to an uncertain event. A
vested interest is certain and transferable, while a contingent interest depends on a condition
that may or may not occur.

In the given case, a property was transferred to A for life, with a further transfer to her
adopted son if she adopted one. If A died without adopting, the property was to pass to B and
her sons. However, B predeceased A, raising the question of whether B’s interest was vested
or contingent.

According to Section 19 of the Transfer of Property Act, 1882, an interest is vested when it is
not dependent on an uncertain future event. It exists immediately upon transfer, even if
possession is postponed, and does not lapse upon the death of the beneficiary. A vested
interest gives the beneficiary an assured right to the property, even if the actual enjoyment of
possession is delayed until a certain event occurs, such as the death of a life tenant.

In contrast, Section 21 of the TPA, 1882, defines a contingent interest as one that depends on
the happening of an uncertain future event. It does not take effect unless and until the
specified condition is fulfilled and lapses if the beneficiary dies before the condition occurs.
A contingent interest remains uncertain and inoperative until the required condition is met.

In this case, the transfer specifies that A is given a life estate, meaning she can use the
property during her lifetime. If A adopts a son, the property will pass to him. If A dies
without adopting, the property will pass to B and her sons. This means that B’s right to the
property depended on A dying without adopting a son, which was an uncertain event at the
time of transfer. Since the fulfillment of this condition was not guaranteed, B’s interest was
contingent, not vested.

Since B died before A, the contingency (A dying without adopting) had not yet been fulfilled
at the time of B’s death. As a result, B’s interest remained uncertain because A was still alive
and could have adopted at any time. Since the contingency was not fulfilled during B’s
lifetime, B never acquired an absolute right to the property. As per Section 21, because B did
not live to see the contingency occur, his interest lapsed, meaning his heirs could not inherit
it. Thus, B’s death before A resulted in the complete failure of his interest, and it could not
pass to his heirs.
Based on the provisions of the Transfer of Property Act, 1882, it is evident that B’s interest in
the property was contingent, not vested. The transfer in B’s favor was dependent on the
uncertain event of A dying without adopting a son. Since this condition was not fulfilled
before B’s death, his interest never became vested. Consequently, his legal heirs cannot claim
the property, as contingent interests lapse if the beneficiary dies before the fulfillment of the
required condition.

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