Can Property transferred to a unborn person under Transfer of Property Act 1882 ?

INTRODUCTION :-. Basically transfer means creating new interest on the property . Section 5 of the transfer of property Act 1882 says that a property can be transfer by a living persons to another living persons ( living persons including body of individuals , company or association ) . So according to this a property can not be transferred to a unborn person but there are some provisions related transfer of property for the benefit of the unborn person is the exception of section 5 of the transfer of property Act 1882 . And this transfer is valid under section 13 of TPA .

Section 13 of the Transfer of Property Act 1882 says that a property can be transferred for the benefit of the unborn person . But there are some important elements for section 13 . 1. Transfer of property must be transfer for the benefit of the unborn person. 2. A property can not be transferred to unborn person directly therefore there must be made a prior life interest before transferring to the unborn person. 3. There must be absolute transfer to unborn person if there is made any conditions then transfer shall be void.

Examples :-. A’ is the owner of a house and he wants to transfer this house for the benefit of unborn baby of B’ . Then he will have to create prior Interest to C’ for the property . And when B’s baby come into existence then property absolutely transfer to the born baby .

Important Notes :-. 1. If unborn baby died into the mother womb then the property revert back to the transferor . 2. If unborn child came into existence ( born ) and then died then the property not revert back to the transferor but the property goes to the legal representative of the child.

A property is transferred to a unborn person absolutely any conditions will be void . Section 14 of the TPA tells about the rule against perpetuity means a property can not be hold for life time or generation to generation . A property can be hold until the child not attain the minority . But when he or she attain the majority then the property transferred to him absolutely . But Section 18 of TPA is the exception of section 14 of TPA . Under this a property can be hold for indefinite period for the benefit of the public like religion , knowledge , commerce , health , or beneficial to mankind .

Section 20 of the Transfer of Property Act 1882 says that unborn person acquires vested interests upon his birth . Although he may not be entitled to the enjoyment therefore immediately on his birth .

CONCLUSION :-. This Provisions for the protection of the unborn person . This safe the rights of unborn child on the property .

Aishwarya Says:

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