By – D.PRIYANKA
What is an interest?
 Interest means having an ownership in
property or having a kind of right to do
something with or on the property.
 Example: lease
Vested interest-
Section 19 of transfer of property act,1882
Postponement of enjoyment
Prior interest
Directed to be accumulated until the time of enjoyment
arrives
 It takes place in 2 stages
Vested interest -
1. 1. Immediate transfer
2. Acquire possession but right to
enjoyment is postponed
No specified time
Take effect immediately
Take effect upon happening of
event which is bound to happen
Characteristics:
 Vested interest is both transferrable and heritable right.
 If the transferee dies before actual possession or enjoyment, it passes on
to his heirs.
 Interest is not defeated by the death of the transferee before actual
possession is attained by him.
 Interest is not defeated even if prior interest in the same property is given
to someone else.
Cases:
1. Ramaswami Naidu v.s M.S. Velappan
2. Sundar Bibi vs Rajendra Narayan
Contingent interest:
 Section 21 of transfer of property act, 1882.
 An interest created in favour of a person shall come into effect after certain event
occurs.
 It is transferable but not heritable.
 It cannot take effect if the transferee dies before the condition is met.
 Subject matter is 'specified uncertain event'
Cases:
 Leake v. Robinson
Difference:
When an interest is vested, the transfer is complete but
when the interest is contingent, the transfer depends upon a
condition precedent
THANKYOU

Vested and contingent interest ppt

  • 1.
  • 2.
    What is aninterest?  Interest means having an ownership in property or having a kind of right to do something with or on the property.  Example: lease
  • 3.
    Vested interest- Section 19of transfer of property act,1882 Postponement of enjoyment Prior interest Directed to be accumulated until the time of enjoyment arrives
  • 4.
     It takesplace in 2 stages Vested interest - 1. 1. Immediate transfer 2. Acquire possession but right to enjoyment is postponed No specified time Take effect immediately Take effect upon happening of event which is bound to happen
  • 5.
    Characteristics:  Vested interestis both transferrable and heritable right.  If the transferee dies before actual possession or enjoyment, it passes on to his heirs.  Interest is not defeated by the death of the transferee before actual possession is attained by him.  Interest is not defeated even if prior interest in the same property is given to someone else. Cases: 1. Ramaswami Naidu v.s M.S. Velappan 2. Sundar Bibi vs Rajendra Narayan
  • 6.
    Contingent interest:  Section21 of transfer of property act, 1882.  An interest created in favour of a person shall come into effect after certain event occurs.  It is transferable but not heritable.  It cannot take effect if the transferee dies before the condition is met.  Subject matter is 'specified uncertain event'
  • 7.
    Cases:  Leake v.Robinson Difference: When an interest is vested, the transfer is complete but when the interest is contingent, the transfer depends upon a condition precedent
  • 8.