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Lecture 11

This document discusses transfers of property for the benefit of unborn persons under Section 13 of the Transfer of Property Act. It notes that a transfer can be made either directly to an unborn person or for their benefit by creating a prior life interest. Only absolute interests, not life interests, can be given to unborn beneficiaries. The validity of such a transfer is assessed based on the language used in the deed itself rather than subsequent events, and a limited owner's later conduct is irrelevant. The discussion also references Hindu law, Muslim law, Indian law, and English law.

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Saurabh Raj
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52 views1 page

Lecture 11

This document discusses transfers of property for the benefit of unborn persons under Section 13 of the Transfer of Property Act. It notes that a transfer can be made either directly to an unborn person or for their benefit by creating a prior life interest. Only absolute interests, not life interests, can be given to unborn beneficiaries. The validity of such a transfer is assessed based on the language used in the deed itself rather than subsequent events, and a limited owner's later conduct is irrelevant. The discussion also references Hindu law, Muslim law, Indian law, and English law.

Uploaded by

Saurabh Raj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Lecture-

11
Transfer of Property
Transfer for benefit of(Property)
unborn person (s. 13)
 General principle
 Transfer to unborn person
 Transfer for benefit of unborn person
o Creation of prior life-interest
o Only absolute interest (no life interest) can be given
 Girjesh Dutt v Data Din AIR 1934 Oudh 35.
 Validity of transfer to be assessed by the language of the deed, and
not by actual events
 Subsequent conduct of limited owner irrelevant
 Read with s 20 of the TPA
 Hindu Law and Muslim Law
 Indian Law and English Law
 The Indian Succession Act 1925 — s. 113
Slide-1 23/01/2015

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