Question

A transfer's property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the lifetime of B. D survives B. At B's death

• A. The property passes to D
• B. The property reverts back to A's heirs
• C. The property is declared as having no owner
• D. None of the above

Hint:

In property law, pay close attention to words like "survivor," "if he attains the age of 18," or "upon his marriage." These phrases often indicate a contingent interest, where the vesting of the property depends on the fulfillment of a condition precedent.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
This problem involves the interpretation of a transfer under the Transfer of Property Act, 1882. It deals with a life estate followed by a remainder interest given to two persons with a condition of survivorship. The key is to determine the nature of the interest created for C and D.
Step 2: Detailed Explanation:
1. A creates a life interest in favour of B. This means B can enjoy the property for his lifetime.
2. After B's death, the property is to go to C and D, but with a crucial condition: "or to the survivor of them." This phrase creates a contingent interest under Section 24 of the Transfer of Property Act.
3. The interest for C and D is contingent upon them surviving the life-tenant, B. The property is to be taken by them only if they are alive at the time of B's death.
4. The problem states that C dies during B's lifetime. Therefore, C did not fulfill the condition of surviving B. C's potential interest is extinguished upon his death.
5. D, however, survives B. D has fulfilled the condition.
6. Therefore, upon B's death, the entire property passes to the sole survivor, D.
Step 3: Final Answer:
At B's death, the property passes entirely to D, who is the survivor.

Answer 2

This question tests the effect of a transfer creating a life interest followed by a gift to two people or to the survivor of them. Let's work through what happens to each of the interests involved and check the options.

1. The property passes to D: A gives B a life interest, and after B's death the property is to go to C and D equally, or to the survivor of them. The phrase or to the survivor of them makes C and D's interest contingent on outliving B, the life tenant. C dies during B's lifetime, so C never becomes entitled to take any share, that share simply cannot vest in someone who predeceased the point at which the gift was to take effect. D, on the other hand, is alive when B dies and therefore satisfies the survivorship condition, so D takes the entire property.
2. The property reverts back to A's heirs: a reversion to A's heirs would only occur if the gift over to C and D had itself failed completely, for instance if both C and D had died before B. Here, D survives B and is entitled under the express survivorship words, so there is no failure of the gift requiring it to revert.
3. The property is declared as having no owner: property does not simply become ownerless under Indian law merely because one of two named beneficiaries predeceases the life tenant, especially when the transfer itself expressly names a survivor as an alternative taker.
4. None of the above: since the facts squarely fit within the express survivorship clause of the transfer, this residual option isn't needed.

Because D is the named survivor at the moment the life interest ends, D becomes entitled to the entire property.

Therefore, the correct answer is The property passes to D.