Under section 18 of the Transfer of Property Act, 1882, which transfer falls within the exception to the rule against perpetuity?
Question and options
Under section 18 of the Transfer of Property Act, 1882, which transfer falls within the exception to the rule against perpetuity?
Property solely for private lineal descendants
Property for a private winery operated for its owners’ profit
Property for the upkeep of a family shrine used only by the settlor’s descendants
Property for a library open to all, advancing knowledge through comic books
Answer and explanation
Section 18 exempts from the restrictions in sections 14, 16 and 17 a transfer "for the benefit of the public" in the advancement of religion, knowledge, commerce, health, safety or any other object beneficial to mankind. A library open to all advances knowledge for the public, so it qualifies. A family shrine serves religion only for one family, and a winery run for its owners’ profit or a gift for lineal descendants serves private ends, so none of them is for the benefit of the public.
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