Differentiate between 'Reversion' and 'Remainder', under the law relating to the Transfer of Property Act, 1882.
CS Executive · Economic and Commercial Laws · PYQS · December 2018
Differentiate between 'Reversion' and 'Remainder', under the law relating to the Transfer of Property Act, 1882.
Answer & Explanation:
A 'reversion' is the residue of an original interest which is left after the grantor has granted the lessee a small estate. For example, A, the owner of a land may lease it to B for a period of five years. The person who grants the lease is the lessor and the person who takes the lease is called the lessee. Here, after the period of 5 years the lease will come to an end and the property reverts back to the lessor. The property which reverts back to him is called the reversion or the reversionary interest. When the owner of the property grants a limited interest in favour of a person or persons and gives the remaining to others, it is called a 'remainder'. For instance, A the owner of a land transfers property to B for life and then to C absolutely. Here the interest in favour of B is a limited interest, i.e., it is only for life. So long as B is alive he enjoys the property. He has a limited right since he cannot sell away the property. His right is only to enjoy the property. If he sells this interest it will be valid so long as he is alive. So after B's death the property will go to C; this type of limited interest is called a remainder.
Topics: Transfer of Property Act, 1882
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