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A transfers his property to B for life and after his death to C and D equally to be divided between…

This question reproduces the statutory Illustration to Section 24 of the Transfer of Property Act, 1882 ('Transfer to such of certain persons as survive at some period not…

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A transfers his property to B for life and after his death to C and D equally to be divided between them or to the survivor of them. C dies during lifetime of B. D survives B. At B's death, the property

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Correct answer C

This question reproduces the statutory Illustration to Section 24 of the Transfer of Property Act, 1882 ('Transfer to such of certain persons as survive at some period not specified'). Section 24 provides that where, on a transfer of property, an interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is not specified, the interest shall go to such of them as shall be surviving when the intermediate or precedent interest ceases to exist, unless a contrary intention appears from the terms of the transfer. In the statutory Illustration, A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them; C dies during the life of B, and D survives B; at B's death the property passes to D.

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Option A

Incorrect. B holds only a life interest and has no power to divert the remainder away from the surviving remainderman under Section 24.

Option B

Incorrect. Because the gift over is to C and D 'or to the survivor of them' and no contrary intention appears, survivorship is determined at the termination of the prior life interest (B's death); since C died during B's lifetime, C's heirs take nothing.

Option C

Correct. Under Section 24 of the Transfer of Property Act, 1882 and its statutory Illustration, where a transfer is to B for life and after his death to C and D equally or to the survivor of them, the property passes at B's death to the person who survives B, namely D.

Option D

Incorrect. Since D survived the termination of the prior interest (B's death), the remainder takes effect in favour of D and does not revert to A's heirs.

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