Condition Subsequent

Introduction

A condition subsequent is a condition that operates after a transfer has already taken effect. It can either continue or end the interest depending on whether the condition is fulfilled. The law requires strict compliance (exact fulfilment) of such conditions.

Meaning / Definition

A condition subsequent is a condition attached to a transfer of property, where the interest is already transferred, but may be defeated (ended) if a specified condition occurs later. Under Section 29, such conditions must be strictly fulfilled.

Modes or Types

Condition Leading to Transfer Over (shifting of property to another person)

If the condition is fulfilled, the property may pass from one person to another.

Invalid Condition Subsequent

If the condition is unlawful or not valid, it is ignored, and the original transfer remains valid.

Practical Example

A transfers ₹50,000 to B, to be paid when B attains majority (becomes 18 years old), with a condition that if B dies as a minor or marries without C’s consent, the amount shall go to D.

B marries at the age of 17 without C’s consent.

Here, the condition is fulfilled, and the property goes to D. This is based on the doctrine of acceleration (the transfer to D takes effect earlier due to the condition being fulfilled).

Another example:

B transfers property to A absolutely (fully), but with a condition that the property will go back to B if it is attached (seized under court order) due to A’s debts.

This condition is invalid. It is ignored, and A continues to hold the property fully.

Summary

• A condition subsequent operates after the transfer has taken effect
• It can end or shift the interest upon fulfillment
• Such conditions must be strictly fulfilled
• If fulfilled, property may transfer to another person
• This may happen earlier under the doctrine of acceleration
• Invalid conditions are ignored, and the original transfer remains valid