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Under Section 20 of the Transfer of Property Act, 1882, when does an interest validly created for an…

Under Section 20 of the Transfer of Property Act, 1882, where on a transfer of property an interest therein is created for the benefit of a person not then living (subject…

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Under Section 20 of the Transfer of Property Act, 1882, when does an interest validly created for an unborn person vest if the transfer expresses no contrary intention?

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Correct answer A

Under Section 20 of the Transfer of Property Act, 1882, where on a transfer of property an interest therein is created for the benefit of a person not then living (subject to Section 13), he acquires upon his birth, unless a contrary intention appears from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.

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Option A

Correct. Under Section 20 of the Transfer of Property Act, 1882, where on a transfer of property an interest therein is created for the benefit of a person not then living, he acquires a vested interest upon his birth, unless a contrary intention appears from the terms of the transfer.

Option B

Incorrect. Section 20 of the Transfer of Property Act, 1882 does not prescribe a waiting period of 7 days after birth; the interest vests immediately upon birth.

Option C

Incorrect. Section 20 of the Transfer of Property Act, 1882 does not prescribe a period of 12 days after birth.

Option D

Incorrect. Attaining 18 years (majority) is not required for the acquisition of a vested interest under Section 20, even though enjoyment may be postponed.

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