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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?

  1. Property solely for private lineal descendants

  2. Property for a private winery operated for its owners’ profit

  3. Property for the upkeep of a family shrine used only by the settlor’s descendants

  4. Property for a library open to all, advancing knowledge through comic books

Answer and explanation

Correct answer: D - Property for a library open to all, advancing knowledge through comic books

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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