A defeasance clause is a clause which imposes a condition upon the fulfillment of which a deed or other instrument is defeated or made void. The distinction between a defeasance clause and a repugnant clause is that where the intention of the donor is to maintain the absolute estate conferred on the donee, but he simply adds some restrictions in derogation of the incidents of such absolute ownership, such restrictive clauses would be repugnant to the absolute grant and therefore void, but where the grant of an absolute estate is expressly or impliedly made subject to defeasance on the happening of a contingency and where the effect of such defeasance would not be a violation of any rule of law, the original estate is curtailed and the gift over must be taken to be valid and operative
IN THE HIGH COURT OF KERALA
R.S.A. No. 626 of 2013
Decided On: 01.04.2016
Sarojini Vs. Radha and Ors.
Hon'ble Judges/Coram:
P.B. Suresh Kumar, J.
Citation: AIR 2017(NOC) 547 Ker
