- Whether a transfer can be made in favour of an unborn person?
Core Legal Answer & Context: Under the Transfer of Property Act, 1882, a transfer can indeed be made for the benefit of an unborn person. Section 13 of the Act specifically addresses this, stipulating that for such a transfer to be valid, it must be preceded by a prior interest created in favour of a living person. The entire remaining interest must then be transferred to the unborn person. This mechanism often involves the creation of a trust or a series of life estates, ensuring that the property is vested in a living person until the unborn person comes into existence and acquires a vested interest.
Relevant Statutes and Sections: Transfer of Property Act, 1882, Section 13 (Transfer for benefit of unborn person).
Important Landmark Cases: Soudamini Dasi v. Jogesh Chandra (1899) 26 Cal 407 and Girijesh Dutt v. Data Din (AIR 1934 Oudh 35) illustrate the application of Section 13.
Clear Conclusion: Yes, a transfer can be made in favour of an unborn person, typically by machinery of trust.