An interest has vested under section 19 of the Transfer of Property Act, 1882, although possession is…
Section 19 distinguishes the vesting of an interest from the time when its holder may take possession. It expressly provides that the transferee's death before possession…
Choose your answer
An interest has vested under section 19 of the Transfer of Property Act, 1882, although possession is postponed. What is the effect of either party's death by itself?
Answer and explanation
Correct answer D
Section 19 distinguishes the vesting of an interest from the time when its holder may take possession. It expressly provides that the transferee's death before possession does not defeat a vested interest. The transferor's death alone likewise does not undo a completed vesting.
Option feedback
Option A
The transferor's death alone does not undo an interest that already vested.
Option B
Section 19 expressly protects the vested interest when the transferee dies before obtaining possession.
Option C
A transferee's death before possession is expressly covered by section 19, and the transferor's death alone does not reverse vesting.
Option D
Postponing possession does not of itself postpone vesting. The death of either party alone does not defeat the interest.
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