Sections 22-24 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 22, 23 and 24 add three specific rules to the law on vested and contingent interests. As per the text of the Act consulted, they cover a gift to members of a class who attain a particular age, a gift that depends on an uncertain event with no time stated, and a gift to such of certain persons as survive.
Section 22: where an interest is created for such members only of a class as attain a particular age, it does not vest in a member who has not reached that age. Section 23: where an interest is to go to a specified person if a specified uncertain event happens and no time is mentioned, the interest fails unless the event happens before, or at the same time as, the intermediate or precedent interest ceases. Section 24: where an interest is to go to such of certain persons as are surviving at some period that is not specified, it goes to those alive when the intermediate or precedent interest ceases, unless a contrary intention appears.
Section 22: members of a class who attain a particular age
Section 22 reads: "Where, on a transfer of property, an interest therein is created in favour of such members only of a class as shall attain a particular age, such interest does not vest in any member of the class who has not attained that age."
The key words are "such members only". The gift is not to the whole class. It is to those who reach the age. A member who has not reached the age has no vested interest yet.
Example. Vandana Joshi transfers a farm "to those of my grandchildren who reach the age of 21". Her grandchildren are 10, 15 and 22. The 22-year-old has reached the age. The 10-year-old and 15-year-old have not, so the interest does not vest in them yet. Each will take if and when he or she reaches 21, as the document provides.
This links with the idea of a contingent interest in section 21; see our article on section 21, contingent interest. Section 22 is a specific instance for class gifts with an age condition.
If you are writing a gift to a class of family members, make clear who is in the class and what the age condition is. A legal consultation can help you test the wording.
Section 23: an uncertain event with no time mentioned
Section 23 reads: "Where, on a transfer of property, an interest therein is to accrue to a specified person if a specified uncertain event shall happen, and no time is mentioned for the occurrence of that event, the interest fails unless such event happens before, or at the same time as, the intermediate or precedent interest ceases to exist."
Let us separate the parts:
| Part | Meaning |
|---|---|
| "to a specified person" | The taker is named or identified |
| "if a specified uncertain event shall happen" | The gift depends on an uncertain event |
| "no time is mentioned" | The document does not say by when the event must occur |
| "intermediate or precedent interest" | An earlier interest in the same property, such as a life interest |
| Result | The interest fails unless the event happens before or at the same time as that earlier interest ends |
Example. Faisal Ahmed transfers a shop to his wife Zoya for life, and then to his nephew Imran "if Imran becomes a doctor". No time is mentioned for Imran to become a doctor. If Imran becomes a doctor before Zoya's death, or at the same time, the gift to Imran is within section 23. If Imran qualifies only after Zoya has died, the interest fails under the section.
The lesson for drafting is simple: state a time for the event. If you do not, section 23 supplies an outer limit: the end of the earlier interest.
Section 24: survivors at an unspecified time
Section 24 reads: "Where, on a transfer of property, an interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is not specified, the interest shall go to such of them as shall be alive when the intermediate or precedent interest ceases to exist, unless a contrary intention appears from the terms of the transfer."
So if a gift says "to such of C and D as survive", without saying survive until when, the Act supplies the date: when the earlier interest ends.
The Act's illustration
A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the life of B. D survives B. At B's death the property passes to D.
Present-day example. Gaurav Anand transfers a house to his brother Harsh for life, then to Harsh's two children Isha and Jai "or to the survivor of them". Isha dies while Harsh is still alive. Jai is alive when Harsh dies. Under section 24, Jai takes the house. If the document had shown a different intention, such as "to the children's heirs if either dies", the section would give way to it, because it applies "unless a contrary intention appears".
Side-by-side
| Question | Section 22 | Section 23 | Section 24 |
|---|---|---|---|
| Subject | Members of a class who attain a particular age | A specified person if a specified uncertain event happens | Such of certain persons as survive at an unspecified period |
| Gap in the document | None; the age is stated | No time mentioned for the event | Exact period of survival not specified |
| Rule | Does not vest in a member below the age | Fails unless the event happens before or with the end of the earlier interest | Goes to those alive when the earlier interest ends |
| Can the document change it? | The section states the rule | The text does not add a contrary-intention clause | Yes, unless a contrary intention appears |
What to check before relying on these sections
- Is there an earlier interest? Sections 23 and 24 speak of an "intermediate or precedent interest", for example a life interest.
- Is the date stated? If the time of the event or of survival is stated, sections 23 and 24 do not fill a gap.
- Who is in the class? For section 22, list the members and their ages.
- Is there a contrary intention? In section 24 the document can displace the rule.
- Has the interest already vested? If so, the vested interest rules in sections 19 and 20 apply; see our article on sections 19 and 20.
- Do the earlier limits on unborn persons apply? See our article on sections 13 and 14.
Where these rules affect who may sell or mortgage a property, the buyer's lawyer should ask for the original deed that created the interests.
Need help with a deed that gives property on a future event?
Gifts to a class, to survivors, or on an event that may never happen are easy to word badly. We can review the draft with you through a legal consultation.
Key takeaways
- Section 22: an interest for members of a class who attain a particular age does not vest in a member who has not attained that age.
- Section 23: if an interest depends on an uncertain event and no time is mentioned, it fails unless the event happens before or at the same time as the earlier interest ends.
- Section 24: where the survival period is not specified, the interest goes to those alive when the earlier interest ends, unless a contrary intention appears.
- Name the event, the time and the class clearly in any deed.
- The Act's illustration for section 24 shows the property passing to the surviving person.
- Later amendments and State changes should be checked.
Read next
- Section 21: contingent interest and when it becomes vested
- Sections 25 and 26: conditional transfer and condition precedent
- Sections 27 to 30: ulterior dispositions and condition subsequent
- Introduction to the Transfer of Property Act, 1882
Disclaimer: Based on a publisher's print of the Transfer of Property Act, 1882 showing amendments up to the Transfer of Property (Amendment) Act, 2002 (3 of 2003), as consulted on 2 October 2026. State amendments, later amendments, stamp duty and registration charges are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.