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A gift was made by a Hindu to his grandson 'K' who was in existence at the date of the gift, and to…

Under section 13 of the Transfer of Property Act, property cannot be transferred directly to a person not in existence at the date of the transfer; an interest for an unborn…

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A gift was made by a Hindu to his grandson 'K' who was in existence at the date of the gift, and to 'S', a grandson who might be born after the date of the gift, and 'P' is born in fact after the date of the gift. Who will have the capacity to take the gift?

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Correct answer B

Under section 13 of the Transfer of Property Act, property cannot be transferred directly to a person not in existence at the date of the transfer; an interest for an unborn person can be created only after a prior interest and must extend to the whole remaining interest. K was alive at the date of the gift, so "'K' will take the gift"; S, who might be born later, and P, who was born after the gift, cannot take under this direct gift.

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