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Home / Legal / What is transfer for benefit of unborn person?
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What is transfer for benefit of unborn person?

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0 2022-09-02T10:54:03+00:00

I see you wish to learn about transfer for benefit of unborn person. Let me tell you which section in the Transfer of Property Act covers details on the matter right here. Please don’t forget to leave a like if you find it informative. 

Got any legal issues? Get them resolved by legal experts here Section 13 of the Transfer of Property Act, 1882 provides that:

When for the transfer of property, an interest therein is created for the benefit of an unborn person at the date of the transfer, a prior interest is to be created in respect of the same transfer and the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the person transferring the property in the property to be transferred.

  Essential Elements of Section 13, Transfer of Benefit of Unborn Person No Direct Transfer : 
  • A transfer cannot be made directly to an unborn child. 

  • Such transfers can be brought into existence only by the mechanism of trusts. 

  • It is the cardinal principle of property law that every property will have an owner. 

  • Therefore, if a transfer of property is made to an unborn person, the property will remain without an owner from the date of transfer of property till the date the unborn person comes into existence.

Prior Interest:
  • The interest in favour of an unborn person must always be preceded by a prior interest created in favour of a living person. 

Absolute Interest: 
  • The entire property must be transferred to the unborn person that must be absolute and no further transfer can be made from him to any other person.

  • An interest which remains only for the lifetime cannot be conferred on an unborn person. 

I hope you have better understanding of

transfer for benefit of unborn person now. Let me know if you have any questions in the comments below.

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