Academician Competitive

Contingent Interest (CI) under TPA, 1882

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.

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