Contingent Interest (CI)—
- Section 21 deals with the contingent interest. (MPAPP-10/UKJ-2006)
- Contingent means uncertain future event. In CI vesting of interest depends upon happening or non-happening of specified uncertain future event and the interest does not vest immediately in the transferee. (MPJ-2009)
- Illustration: A transfers property to B and in case B dies without issue to C. Here, C has a contingent interest which may become vested only upon B dying childless.
Nature of CI—
- CI is a future possible interest,
- CI is not heritable.
- CI is transferable. However, the transferee gets imperfect title.
- CI can not be attached & sold in execution of a decree.
When CI becomes VI—
In the following circumstances, a CI becomes VI—
- On the happening of the specified uncertain event.
- On non-happening of the specified uncertain event.
- Exceptions: If the transferor gives to the transferee also an absolute right in the income arising out of the property, the interest of the transferee is a vested interest.
VI vs. CI—
Sl | Vested Interest (VI) | Sl | Contingent Interest (CI) |
1 | A VI accrues immediately to the transferee on the date of transfer. | 1 | A CI does not vest in the transferee until the specified uncertain event happens or does not happen. |
2 | VI confers complete and perfect title on the transferee. | 2 | CI confers imperfect title. |
3 | VI is owned absolutely. | 3 | CI is owned conditionally. |
4 | VI is heritable. | 4 | CI is not heritable. |
5 | In VI transferee has present fixed right in property. | 5 | In CI the transferee has mere future possible right the property. |
6 | A VI may be attached or brought to sale in execution of a decree. | 6 | A CI can not be attached or brought to sale in execution of a decree. |
7 | A vested interest is not defeated by the death of the transferee before he obtains possession. | 7 | A contingent interest can not take effect in the event of transferee’s death before the fulfillment of the condition. |
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Prepared by team LegalMines. The copyright is with the LegalMines.