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A living person attempts to transfer property directly to a person who has yet to be born. How does the…

Section 5 contemplates a conveyance to a living person. Section 13 separately permits a benefit for an unborn person after a prior interest created by the same transfer, if…

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A living person attempts to transfer property directly to a person who has yet to be born. How does the Transfer of Property Act, 1882 treat the attempted transfer?

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Answer and explanation

Correct answer B

Section 5 contemplates a conveyance to a living person. Section 13 separately permits a benefit for an unborn person after a prior interest created by the same transfer, if the benefit extends to the transferor’s entire remaining interest. Under section 20, a validly created interest ordinarily vests on birth unless the terms of the transfer show a contrary intention.

Option feedback

Option A

The intended transferee does not yet exist as a living person.

Option B

A direct transfer cannot give the unborn person an interest.

Option C

The attempted transfer creates no valid interest that would need to be set aside.

Option D

Section 20 concerns vesting of a benefit already validly created.

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