Fateh Singh v. Sanwal Singh

Facts

• Property was transferred to a widow with a condition: if she remarries, the property shall revert to the transferor's heirs
• The widow remarried
• The transferor's heirs claimed reversion based on the remarriage condition

Issue

1. Whether a condition attached to a property transfer requiring a widow not to remarry is a valid condition or an absolute restraint on marriage void under S.29.

Held

• The condition is void under S.29. It amounts to an absolute restraint on marriage. The widow takes the property free of the condition and retains it regardless of remarriage.

Ratio Decidendi

S.29 TPA invalidates conditions that absolutely restrain marriage. A condition that property shall be forfeited on remarriage effectively forces the transferee to choose between property and the fundamental right to marry. Such conditions are void as being against public policy.