Sweety Kumari, B.B.A LL.B., Amity University
ABSTRACT
Section 13 of the Transfer of Property Act 1882 states the transfer of property for the benefit of an unborn child. This section states that a person can transfer his ownership to an unborn child whose prior life interest should be created. The phrase unborn child simply means 'a child or a person who is not yet born but t exists. A child who isn’t born but exists in the form of a mother’s womb Such a child is recognised by law. So, basically, the law recognises an unborn child as a person. The legal rights or status of an unborn child are undeniable, as they influence or directly imply the rights of others. So, the Indian law gives a right to any living individual to transfer immovable property to an unborn child only if the unborn child exists in the mother’s womb. There is also a major concept in this section: as property cannot be transferred directly to an unborn child, it should be created in the interest of an unborn child must be preceded by prior interest. As property transfer to an unborn child consist various rules and regulation. There are also conditions that is needed to look up.
Keywords: transfer, property, unborn child, immovable.
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