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.

Answer 2

This question asks about the validity of a transfer of property made conditional on the transferee deserting her husband. Let's evaluate each option against the rule governing conditional transfers.

1. Void: Section 25 of the Transfer of Property Act, 1882 provides that an interest dependent on a condition fails if fulfilment of that condition is impossible, forbidden by law, would defeat the provisions of any law, is fraudulent, involves injury to a person or property, or is regarded by the court as immoral or opposed to public policy. A condition requiring a wife to desert her husband strikes directly at the institution of marriage and is regarded as immoral and against public policy, so the condition fails, and because the transfer is entirely dependent on that condition, the transfer itself fails and is void.
2. Voidable: a voidable transfer is one that remains valid unless and until a party with the right to do so chooses to avoid it, for example a transfer induced by fraud or undue influence. Here, the defect lies in the condition itself being contrary to public policy, which makes the transfer fail outright rather than merely giving someone an option to set it aside later.
3. Valid: if this transfer were treated as valid, courts would effectively be enforcing and encouraging an arrangement that induces a wife to abandon her marriage for money, which is exactly the kind of outcome the law is designed to prevent.
4. None of the above: since the Act provides a direct and specific answer for conditions that are immoral or opposed to public policy, this catch-all option is not needed.

Because the condition attached to this transfer, deserting one's husband, is immoral and against public policy, the entire transfer fails.

Therefore, the correct answer is Void.