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A transfers property to B for life and creates a further interest in the same instrument for a person…

Section 13 permits an interest for a person not yet in existence, subject to a prior interest created by the same transfer, only if the later interest extends to the whole…

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A transfers property to B for life and creates a further interest in the same instrument for a person who is unborn on the date of transfer. Which condition does section 13 of the Transfer of Property Act, 1882 impose on the further interest?

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Answer and explanation

Correct answer B

Section 13 permits an interest for a person not yet in existence, subject to a prior interest created by the same transfer, only if the later interest extends to the whole remaining interest of the transferor. It sets no condition of descent.

Option feedback

Option A

A limited life interest for the unborn beneficiary does not exhaust A’s remaining interest.

Option B

Section 13 requires the interest for the unborn beneficiary to exhaust the transferor’s remaining interest.

Option C

Section 13 does not require a family relationship to the transferor.

Option D

Section 13 addresses a prior interest and the further interest created by the same transfer.

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