Gopisetti Kotayya v Gopisetti Lakshmayya
AIR 1929 Madras 11019291 min read
The case in brief30-second read
- Facts
- Property was transferred to A contingent on A's marriage to a specified person. A died before the marriage could take place. A's heirs claimed the property, arguing the interest should devolve.
- Issue
- Whether a contingent interest (dependent on an uncertain event) passes to the heirs of the transferee if the transferee dies before the condition is fulfilled.
- Held
- A contingent interest does not vest until the condition is fulfilled. If the transferee dies before fulfillment of the condition, the interest lapses entirely and does not devolve on heirs. This is in contrast to a vested interest, which under S.20 passes to heirs even if the transferee dies before obtaining possession.
- Principle
- A contingent interest does not vest until the condition is fulfilled; it does not pass to heirs on death before fulfillment
Facts
- Property was transferred to A contingent on A's marriage to a specified person
- A died before the marriage could take place
- A's heirs claimed the property, arguing the interest should devolve
Issue
- Whether a contingent interest (dependent on an uncertain event) passes to the heirs of the transferee if the transferee dies before the condition is fulfilled.
Held
- A contingent interest does not vest until the condition is fulfilled. If the transferee dies before fulfillment of the condition, the interest lapses entirely and does not devolve on heirs. This is in contrast to a vested interest, which under S.20 passes to heirs even if the transferee dies before obtaining possession.
Ratio decidendi
Under S.21, a contingent interest is by definition incomplete: the transferee has no perfected right, only an expectancy. Since the right never vested, there is nothing to transmit to heirs. Death before fulfillment terminates the expectancy permanently.
Exam use
How to use it in an answer
Use to contrast with vested interest (which survives death under S.20). Key line: "A contingent interest, being imperfect, cannot devolve on heirs; it dies with the person if the condition remains unfulfilled."
Cite this
Citation
Gopisetti Kotayya v. Gopisetti Lakshmayya AIR 1929 Madras 110Reported: Mulla TPA 13th ed.. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.