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Which section of the Transfer of Property Act, 1882 provides for a transfer creating an interest for…

Under section 13, an interest created for an unborn person subject to a prior interest created by the same transfer takes effect only if it extends to the whole of the…

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Which section of the Transfer of Property Act, 1882 provides for a transfer creating an interest for the benefit of an unborn person subject to a prior interest created by the same transfer?

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Answer and explanation

Correct answer C

Under section 13, an interest created for an unborn person subject to a prior interest created by the same transfer takes effect only if it extends to the whole of the transferor’s remaining interest in the property.

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Option A

Section 10 concerns conditions restraining alienation.

Option B

Section 11 concerns restrictions repugnant to an interest created.

Option C

Section 13 deals specifically with the interest for the unborn beneficiary.

Option D

Section 14 states the rule against perpetuity, which is a separate limitation.

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