Transfer of Property Act Section 34 — Transfer conditional on performance of act, time being specified

CHAPTER I PRELIMINARY

General

Summary

If a transfer of property depends on someone doing a specific act by a certain deadline, and that person is blocked from meeting the deadline because of fraud by someone who would benefit from the act not being done, then the deadline is extended against that fraudulent person by the amount of time lost due to the fraud. If no deadline was set for the act, and the same kind of fraud makes the act impossible or delays it without end, then the condition is treated as if it had been fulfilled, but only as against the person who committed the fraud.

Official Text

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, or as a condition on the non-fulfillment 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