All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

When an interest is created in a property dependent upon a condition, and that condition becomes impossible to fulfill, the correct option is:

B: The interest fails

Explanation:

The doctrine of "impossibility of condition" is a fundamental principle in property law. If a condition upon which an interest in a property is dependent becomes impossible to fulfill, the interest is said to "fail."

This means that if the condition cannot be met due to its impossibility, the interest in the property does not take effect, and the intended interest is not created or is considered terminated.

Option A, which suggests that the condition is deemed fulfilled if it is substantially complied with, is not generally the case when a condition becomes impossible. Impossibility typically results in the failure of the interest rather than substantial compliance.

Option C and D do not accurately reflect the legal consequences of an impossible condition. Voidability typically involves situations where one party has the option to void or cancel a contract or transaction, but this is not the same as an impossible condition affecting the interest in the property.

Option E is not a standard legal term related to property interests in this context.

In summary, when a condition becomes impossible to fulfill, the interest in the property is considered to have failed, which is reflected in option B.