Section 13 of TPA : Section 13: Transfer For Benefit Of Unborn Person

TPA

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Explanation using Example

Imagine that Mr. Sharma, who owns a piece of land, decides to transfer this land to his daughter, Priya, but with certain conditions. He stipulates that Priya can use the land for her lifetime, and after her death, the land should go to her first child. However, Priya does not have any children at the time of the transfer.

According to Section 13 of the Transfer of Property Act, 1882, the interest that Mr. Sharma wants to create for Priya's first child would not be valid because the child is not in existence at the date of the transfer. Moreover, the interest for the unborn child does not cover the entire remaining interest in the property since Priya has a life interest. Therefore, for the future interest in favor of the unborn child to be valid, it must extend to the whole of the remaining interest in the property after Priya's lifetime.

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