Distinguish between the following: Vested and contingent interest

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2019
Distinguish between the following: Vested and contingent interest

Answer & Explanation:

The following are the principal points of distinction between a vested and a contingent interest: Transfer Completion: When an interest is vested the transfer is complete. It creates an immediate proprietary interest in the property though the enjoyment may be postponed to a future date. A contingent interest on the other hand is dependent upon the fulfilment of some conditions which may or may not happen. In other words, in case of vested interest, the owner's title is already perfect; in case of a contingent interest, the title is as yet imperfect but may become perfect on the fulfilment of a stipulated condition. Effectiveness Date: A vested interest takes effect from the date of transfer. A contingent interest in order to become vested is conditioned by a contingency which may not occur. Defeat by Death: A vested interest cannot be defeated by the death of the transferee before he obtains possession. A contingent interest may fail in case of the death of transferee before the fulfilment of condition. Transferability and Heritability: Since vested interest is not circumscribed by any limitation which derogates from the completeness of the grant, it logically follows that a vested interest is transferable as well as heritable. If, therefore, a transferee of the vested interest dies before actual enjoyment, it will devolve on his legal heirs. A contingent interest, on the other hand, cannot be inherited though it may be transferred coupled with limitation regarding fulfilment of a condition.

Topics: Transfer of Property Act, 1882

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