Rajes Kanta Roy v. Santi Debi
Rule established
Where enjoyment is postponed to a date certain to arrive (e.g., attaining age), the interest is vested, not contingent
Facts
- A bequest was made to a person "on attaining the age of majority"
- The legatee died before attaining majority
- The question was whether the interest was vested (passing to heirs under S.20) or contingent (lapsing on death)
Issue
- Whether a bequest "on attaining majority" creates a vested interest (where attaining age is merely the time for enjoyment) or a contingent interest (where attaining age is a condition precedent).
Held
- The interest is vested. Attaining a particular age is a certain event (it must happen unless the person dies). Under S.19, where time is not specified as a condition but merely as indicating the period of enjoyment, the interest vests immediately. The law leans in favor of early vesting.
Ratio Decidendi
The key test is whether the event is certain or uncertain. Attaining an age is certain (inevitable with survival). Therefore, a transfer "on attaining age X" creates a vested interest from the date of transfer; only enjoyment is postponed. If the transferee dies before attaining that age, the interest passes to heirs (S.20). The law favors vesting over contingency when construction is ambiguous.
How to use it in an exam
This is the most important case on vested vs. contingent interest. Use whenever the transfer language uses "on attaining age" or "on a certain date." Key line: "The law leans in favor of early vesting; where the event is certain to happen, the interest is vested with enjoyment merely postponed."
Source
Source: Mulla TPA 13th ed.
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.