The Transfer of Property Act deals with two kinds of interest vested interest and contingent interest. Vested interest is to be distinguished from contingent interest. When an interest is vested, the transfer is complete but when the interest is contingent, the transfer depends upon a condition precedent. When the condition is fulfilled the transfer takes effect and that the interest becomes vested.
Difference between vested interest and contingent interest
Vested interest
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Contingent interest.
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Definition
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Section 19 defines Vested interest
Where, on a transfer
of property, an interest therein is created in favour of a person without
specifying the time when it is to take effect, or in terms specifying that it
is to take effect forthwith or on the happening of an event which must
happen, such interest is vested, unless a contrary intention appears from the
terms of the transfer.
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Section 21 defines Contingent interest Where, on a transfer of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event shall not happen, such person thereby acquires a contingent interest in the property. Such interest becomes a vested interest, in the former case, on the happening of the event, in the latter, when the happening of the event becomes impossible. |
Fulfillment of conditions
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Vested interest does
not depend upon fulfillment of any condition. It creates an immediate right
though the enjoyment is postponed to a future date.
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Contingent interest is
solely depend upon the fulfillment of any condition. If the condition is not
fulfilled the interest fails
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Effects of transferee's death |
Vested interest is not
defeated by the death of transferee before he obtains possession.
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Contingent interest is defeated by the death of transferee before he
obtains possession. |
Whether transferable and heritable ?
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It is both Transferable
and heritable. If the transferee of the vested interest dies before
actual possession or enjoyment it passes to his heirs.
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It is
Transferable but whether it is heritable , depends upon nature of condition.
It passes not on heir on the death of the transferee received to transfer. |
Present
right of enjoyment.
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There is present,
immediate right even when its enjoyment is postponed.
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There is no present
right of enjoyment, there is mere a promise for giving such a right.
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Good studying stuff
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