Describe the essential conditions required for transfer for benefit of unborn person.
CS Executive · Economic and Commercial Laws · PYQS · December 2016
Describe the essential conditions required for transfer for benefit of unborn person.
Answer & Explanation:
Section 13 of the Transfer of Property Act lays down that where on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect unless it extends to the whole of the remaining interest of the transferor in the property. Thus if a property is given to an unborn person, two conditions should be satisfied: it should be preceded by a life estate in favour of a living person, and it should comprise the whole of the remaining interest of the transferor so that there can be no further interest in favour of others.
Topics: Transfer of Property Act, 1882
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