Under the Transfer of Property Act, 1882, what is the effect of a purported transfer directly to a…
Sections 5 and 13 distinguish direct transfers to living persons from creating an interest for an unborn beneficiary. Under section 13, the interest for an unborn…
Choose your answer
Under the Transfer of Property Act, 1882, what is the effect of a purported transfer directly to a person who does not yet exist, with no prior interest created under the transfer?
Answer and explanation
Correct answer B
Sections 5 and 13 distinguish direct transfers to living persons from creating an interest for an unborn beneficiary. Under section 13, the interest for an unborn beneficiary must follow a prior interest created by the same transfer and extend to the transferor’s entire remaining interest.
Option feedback
Option A
Section 5 contemplates transfers to living persons, and the arrangement fails as a direct transfer.
Option B
The unborn person cannot take directly under section 5, and the premise does not provide the structure recognized by section 13.
Option C
The direct transfer fails; it does not depend on the transferor electing to set it aside.
Option D
Birth alone does not cure an ineffective direct transfer.
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