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The Transfer of Property Act, 1882

Section 26. 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. 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.

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

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