21.  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. Exception. - Where, under a transfer of property, a person becomes entitled to an interest therein upon attainting a particular age, and the transferor also gives to him absolutely the income to arise from such interest before he reaches that ages, or directs the income or so much thereof as may be necessary to be applied for his benefit, such interest is not contingent.  
22.  Transfer to members of a class who attain a particular age. Where, on a transfer of property, an interest therein is created in favour of such members only of a class as shall attain a particular age, such interest does not vest in any member of the class who has not attained that age.  
23.  Transfer contingent on happening of specified uncertain event. Where, on a transfer of property, an interest therein is to accrue to a specified person if a specified uncertain event shall happen, and no time is mentioned for the occurrence of that event, the interest fails unless such 
event happens before, or at the same time as, the intermediate or precedent interest cease to o exist.  
24.  Transfer to such of certain persons as survive at some period not specified. Where, on a transfer of property, and interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is not specified, the interest shall go to such of them as shall be alive when the intermediate or precedent interest ceases to exist, unless a contrary intention appears from the terms of the transfer. Illustration A transfers property to B for life, and after his death to C and D, equally to be divided between them, pr to the survivor, for them. C dies during the life of B. D survives B. At B's death the property passes to D.  
25.  Conditional transfer. An interest created on a transfer of property and dependent upon a condition fails if the fulfilment 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. Illustrations (a)  A lets a farm to B on condition that he shall walk a hundred miles in an hour. The lease is void. (b)  A gives Rs. 500 to B on condition that he shall marry A's daughter C. At the date of the transfer C was dead. The transfer is void. (c)  A transfers Rs. 500 to B on condition that she shall murder C. The transfer is void. (d)  A transfer Rs. 500 to his niece C if she will desert her husband. The transfer is void.  
26. Fulfilment of condition precedent. Where the terms of a transfer impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been fulfilled if it has been substantially complied with. 
(a)  A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E. E dies. B marries with the consent of C and D. B is deemed to have .fulfilled the condition. (b)  A transfer Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E. B marries without the consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition.  
27.  Conditional transfer to one person coupled with transfer to another on failure of prior disposition. Where, on a transfer of property, an interest therein is created in favour of one person, and by the same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of the prior disposition, although the failure may not have occurred in the manner contemplated by the transferor. But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect, only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not take effect unless the prior disposition fails in that manner. Illustrations (a) A transfer Rs.500 to B on condition that he shall execute a certain lease within three months after A's death', and, if he should neglect to do so, to C. B dies in A's lifetime. The disposition in favour of C takes effect. (b) A transfer property to his wife, but, in case she should die in his lifetime, transfers to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him. The disposition in favour of B does not take effect.  
28. Ulterior transfer conditional on happening or not happening of specified event. On a transfer of property an interest therein may be created to accrue to any person with the condition superseded that in case a specified uncertain event shall happen such interest shall pass to another person, or that in case a specified uncertain 
event shall not happen such interest shall pass to another person. In each case the dispositions are subject to the rules contained in sections 10, 12, 21, 22, 23, 24, 25 and 27.  
29.  Fulfillment of condition subsequent. An ulterior disposition of the kind contemplated by the Fast preceding section cannot take effect unless the condition is strictly fulfilled. Illustration A transfers Rs. 500 to B, to be paid to him on his attaining his majority or marrying, with a proviso that, it B dies a minor or marries without C's consent, the Rs. 500 shall go to D. B marries when only 17 years of age, without C's consent. The transfer to D takes effect.   
30.  Prior disposition not affected by invalidity of ulterior disposition. If the ulterior disposition is not valid, the prior disposition is not affected by it. A transfer a farm to B for her life, and if she does not desert her husband, to C. B is entitled to the farm during her life as if no condition had been inserted.  
31.  Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen. Subject to the provisions of section 12, on a transfer of property an interest therein may be created with the condition superseded that it shall cease to exist in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations (a) A transfers a farm to B for his life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. He loses his lifeinterest in the farm. (b)  A transfers a farm to B, provided that, if B shall not go to England within three years after the date of transfer, his interest in the farm shall cease. B does not go to England within the term prescribed. His interest in the farm ceases.  
32.  Such condition must not be invalid. In order that a condition that an interest shall cease to exist may be valid, it is necessary that the event to which it relates 'be one which could legally constitute the condition of the creation of an interest.  
33.  Transfer conditional on performance of act, no time being specified for performance. Where, on a transfer of property, an interest therein is created subject to a condition that the person taking it shall perform a certain act, but no time is specified for the performance of the act, the condition is broken when he renders impossible, permanently or for an indefinite period, the performance of the act.  
34.  Transfer conditional on performance of act, time being specified. Where an act is to be performed by a person either as a condition to be fulfilled before an interest created on a transfer of property is enjoyed by him, as a condition on the non-fulfilment of which the interest is to pass from him to another person, and a time is specified for the performance of the act, if such performance within the specified time is prevented by the fraud of a person who would be directly benefited by non-fulfilment of the condition, such further time shall as against him be allowed for performing the act as shall be requisite to make up for the delay caused by such fraud. But if no time is specified for the performance of the act, then, if its performance is by the fraud of a person interested in the non-fulfilment of the condition rendered impossible or indefinitely postponed, the condition shall as against him be deemed to have been fulfilled. 

ELECTION  
35.  Election when necessary.. Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it; and in the latter case he shall relinquish the benefit so conferred, and the benefit so relinquished shall revert to the transferor of the representative as if it had not disposed of; Subject nevertheless, 
where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee the amount or value of the property attempted to be transferred to him. Illustrations (1) The farm of [Ulipur] is the property of C and worth Rs. 800. A by an instrument of gift professes to transfer it to B giving by the same instrument Rs. 1,000 to C. C elects to retain the farm. He forfeits the gift of Rs. 1,000. In the same case, A dies before the election. His representative must out of the Rs. 1,000 pay Rs. 800 to B. (2) The rule in the first paragraph of this section applies whether the transferor does or does not believe that which he professes to transfer tq be his own. (3) A person taking no benefit directly under a transaction, but deriving a benefit under it indirectly, need not elect.  (4) A person who in his one capacity takes a benefit under the transaction may in another dissent therefrom. Exception to the last preceding four rules. Where a particular benefit is expressed to be conferred on the owner of the property which the transferor professes to transfer, and such benefit is expressed to be in lieu of that property, if such owner claim the property, he must relinquish the particular benefit, but he is not bound to relinquish any other benefit conferred upon him by the same transaction. (5) Acceptance of the benefit by the person on. whom it is conferred constitutes an election by him to confirm the transfer, if he is aware of his duty to elect and of those circumstances which would influence the judgment of a reasonable man in making an election, or if he waives enquiry into the circumstances. (6) Such knowledge or waiver shall, in the absence of evidence to the contrary, be presumed, if the person on whom the benefit has been conferred has enjoyed it for two years without doing any act to express dissent. 
(7) Such knowledge or waiver may be inferred from any act of his which renders it impossible to place the persons interested in the property professed to be transferred in the same condition as if such act had not been done. Illustrations A transfers to B an estate to which C is entitled, and as part of the same transaction gives C a coal mine. C takes possession of the mine and exhausts it. He has thereby confirmed the transfer of the estate to B. (8) If he does not within one year after the date of the transfer signify to the transferor or his representatives his intention to confirm or to dissent from the transfer, the transferor or his representatives may, upon the expiration of that period, require him to make his election; and if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to confirm transfer. (9) In case of disability, the election shall be postponed until the disability ceases, or until the election is made by some competent authority.  Apportionment 36.  Apportionment of periodical payments on determination of interest of person entitled. In the absence of a contract or local usage to the contrary, all rents, annuities, pensions, dividends and other periodical payments in the nature of income shall, upon the transfer of the interest of the person entitled to receive such payments, be deemed, as between the transferor and the transferee, to accrue due from day to day, and to be apportionable accordingly, but to be payable on the days appointed for the payment thereof.  
37.  Apportionment of benefit of obligation on severance. When in consequence of a transfer, property is divided and held in several shares, and thereupon the benefit of any obligation relating to the property as a whole passes from one to several owners of the property, the corresponding duty shall, in the absence of me contract to the contrary amongst the owners; be performed in favour of each of such owners in proportion to the value of his share in the property, provided that the duty can be severed and that the severance does not substantially increase the burden of the obligation; but if the duty cannot be severed, or if the 
severance would substantially increase the burden of the obligation, the duty shall be performed for the benefit of such one of the several owners as they shall jointly designate for the purpose: Provided that no person on whom the burden of the obligation lies shall be answerable for failure to discharge it in manner, provided by this section, unless and until he has had reasonable notice of the severance. Nothing in this section applies to leases for agricultural purposes unless and until the [Provincial Government] by notification in the official Gazette so directs. Illustrations (a)  A sells to B, C and D a house situate in a village and leased to E at an annual rent of Rs. 30 and delivery of one fat sheep B, having provided half the purchase money, and C and D one quarter each. E, having notice of this, must pay Rs. 15 to B, Rs. 7% to C and Rs. 7%, to D, and must deliver the sheep according to the joint direction of B, C and D, (b) In the same case, each house in the village being bound to provide ten days' labour each year on a dyke to prevent inundation, E had agreed as a term of his lease to perform this work for A, B, C and D severally require E to perform the ten day's work due on account of the house of each. B is not bound to. do more than ten day's work in all, according to such direction as B, C and D may joint in giving.