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Principle: An interest which is created on a transfer of property and depends upon the fulfillment of a condition will fail if the fulfillment 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.
Facts: A gives Rs. Ten Lacs to B on condition that B shall marry A’s daughter C. On the date on which A gave Rs. Ten Lacs to B, C was dead.
B’s interest in Rs. Ten Lacs fails because of impossibility
B’s interest in Rs. Ten Lacs fails because of immorality
B’s interest in Rs. Ten Lacs fails because of prohibition by law
B’s interest in Rs. Ten Lacs does not fail
When A gave Rs 10 lacs to B, C was already dead making the condition impossible to be carried out. The contract was impossible to perform as Cwas already dead. Hence, option 1 is the correct answer.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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