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Vested interest |
Contingent interest |
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1. |
Relevant
section |
Section 19
of TPA 1882 |
Section 21
of TPA 1882 |
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2. |
Definition
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That is
such kind of interest in which the property is transfer by the transferor to transferee
1. At the initial stage of transfer
/immediately just by the intention of transferor to transfer his property to transferee. 2. Or on the happening of the certain
specified event. 3. At the initial stage of transfer
,when the interest is created in favor of that person even though the time of
transfer is not specified |
That is
such kind of interest in which the property is transfer by the transferor to transferee
by the fulfillment of that contingency which mentioned in transfer deed like. 1. On the happening of the uncertain specified event. 2. Or, on the non-happening
/impossible to happen of uncertain specified event |
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3. |
Illustration. |
Mr. Zain create
the vested interest of his younger brother in his property by inserting that
condition that ,this property would be transfer to his younger brother after
his death [ certain event ] |
Mr. Zain create the contingent interest of his younger brother in his property by
inserting that condition that ,this property would be transfer to his younger
brother if he would die in upcoming 6 month [uncertain event ]
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4 . |
Heritable |
As ,vested
interest is complete from the initial stage of transfer ,when it is created
so that is not end /defeated by the death of transferee if transferee die
before the transfer of property ,the transferee is absolute owner so after
his death the vested interest property would be heritable property and succeed
among his legal heirs . |
In contingent
interest ,the transferee is not hold the absolute title of property ,he hold
when the contingency of transfer deed fulfilled so if he die before happening
of contingency ,the property would not be fall as heritable property ,in
short the contingent interest defeated by the death of transferee. |
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5. |
Absolute
title |
Here ,the transferee
has the absolute title |
Here, the transferee
holds the absolute title when the contingency fulfilled. |
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6. |
Take
effect /implementation |
The vested
interest takes effect. 1. From the date of transfer |
The contingent
interest take effect 1. On the happening of contingency |
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7. |
Alienable
/transferable |
The vested
interest can be transferred by the holder of interest of that property |
In
contingent interest just the contingent interest can be transferable but that
also defeated if the contingency not happen. |
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