Doctrine of Acceleration

 

Doctrine of Acceleration(Sec-27)

Written by - Shalini Bishi 

introduction

the basic aim of the transfer of property act is to amed regulate and define the law realated to the property .the act as a uniform and systematic legislation regarding the transfer of immovable property between livung parties.in order to make it an effective legislation the section includes various doctrine like doctrine of cypress doctrine of acceleration etc.

section 27

sec 27 of TCA act provide for any transfer to any other person if the first transfer fails. example 'A' Transfer a car to B on condition that he shall transfer his bike to C , if he does not the car shall go to D, so if B does not transfer his bike to C . the car shall go to D on failure of prior disposition. 

The doctrine of Acceleration

it is based on the principle that are property should be passed on to some other person if the first condition fails as if the property was never vested in him. 

Ajudhia vs Rakhmab kaur

Where the property when not registered in the name of the mother because of local act and she could not have recieved the gift the property was accelerated to the children as gift.

example

A agreed to transfer his property to B if B meet certain condition if he did not do so then the property are going to be transferred to C. 

Exception

the first exception comes into play where the prior interest is void the ulterior interest depend upon it also fail.