Under section 13 of the Transfer of Property Act, 1882, which arrangement can create a valid interest…
Section 13 of the Transfer of Property Act, 1882 allows an interest to be created for an unborn beneficiary subject to a prior interest created by the same transfer. The…
Choose your answer
Under section 13 of the Transfer of Property Act, 1882, which arrangement can create a valid interest for an unborn beneficiary?
Answer and explanation
Correct answer A
Section 13 of the Transfer of Property Act, 1882 allows an interest to be created for an unborn beneficiary subject to a prior interest created by the same transfer. The interest for the beneficiary must extend to the whole of the transferor’s remaining interest in the property.
Option feedback
Option A
Section 13 requires both the prior interest and the transferor’s whole remaining interest for the unborn beneficiary.
Option B
A partial interest fails the whole-remaining-interest requirement.
Option C
Appointment of a guardian does not make the unborn person a living transferee under section 5.
Option D
The arrangement fails the requirement of a prior interest created by the same transfer.
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