Kanishka Gunjiyal, National Law School of India University, Bangalore
ABSTRACT
Transfer of Property Act, 1882 (TPA) necessitates that the parties of a transaction be comprised of living persons. This notion as indicated by the legal term ‘inter vivos’ is implied in Section 5 of the act. However, the existential nature of the parties finds an exception under section 13 of the act, where unborn persons are held to be valid transferees if they satisfy a few conditions. The criteria in the form of prerequisites can be broadly divided into three sub-requirements. These three key terms are no direct transfer, prior interest, and absolute interest. Moreover, property law in the English jurisdiction follows a different principle namely the ‘rule against double possibilities. Also, we will look at the redundant nature of the intermediary’s conduct for the ultimate transfer to the unborn. And consequently, we will discuss the plethora of Indian jurisdiction cases, that decrypt the pertinent role of the unborn as a transferee in property transactions.
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