Mr. Amrit Pal Singh, Advocate, Delhi High Court
Mr. Karan Deep, Symbiosis Law School, Noida, Symbiosis International (Deemed) University
ABSTRACT
This research paper delves into the intricate realm of the Rule Against Perpetuities, exploring its origins and evolution within the context of English Jurisprudence. The Rule Against Perpetuities, a cornerstone in property law, seeks to impose limits on the duration of future interests, ensuring the timely vesting of property rights and preventing perpetual control from beyond the grave.
The study traces the historical development of the Rule Against Perpetuities in English legal traditions, analysing landmark cases and legislative changes that have shaped its contemporary application. By examining the jurisprudential foundations, the paper sheds light on the underlying principles and policy considerations that have influenced the formulation and adaptation of the Rule Against Perpetuities over the years.
Furthermore, this research explores the transplantation of the Rule Against Perpetuities into Indian jurisprudence. Investigating the nuances of its integration, the paper scrutinises how English legal concepts have been assimilated and adapted to suit the socio-legal landscape of India. This analysis aims to unravel challenges and successes considering cultural, historical and legislative factors that influence the rule's reception in a different legal context.
In conclusion, this research paper provides a comprehensive understanding of the Rule Against Perpetuities, offering insights into its historical evolution, principles, and contemporary relevance in both English and Indian jurisprudence. By bridging the gap between these legal traditions, the research contributes to the broader discourse on the intersection of property law, exemptions and challenges in navigating the complexities of perpetuities in property law.
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