Question

Given below are two statements: one is labelled as Assertion (A) and the other is labelled as Reason (R). Assertion (A): A, the owner of a property, transferred the property providing that “to my eldest sister for life and after her death to my youngest brother provided my youngest brother survives my eldest sister.” It creates a vested interest in the youngest brother after the death of the transferor. Reason (R): The death of the eldest sister is a certain event and a condition that merely relates to the time of enjoyment rather than the acquisition of the right itself, does not prevent the interest from being vested. Choose the most appropriate answer.

• A. Both (A) and (R) are correct and (R) is the correct explanation of (A)
• B. Both (A) and (R) are correct but (R) is not the correct explanation of (A)
• C. (A) is correct but (R) is not correct
• D. (A) is not correct but (R) is correct

Hint:

If only enjoyment is postponed, interest may be vested. If acquisition depends on an uncertain condition, the interest is contingent.

Answer 1

The Correct Option is D

Concept: Under the Transfer of Property Act, an interest may be vested or contingent. If enjoyment is postponed to a certain future event, the interest may still be vested. But if acquisition depends on an uncertain condition, the interest becomes contingent.

Step 1: Understand the transfer in Assertion.
The property is first given to the eldest sister for life. After her death, it is to go to the youngest brother only if he survives the eldest sister. \[ \text{Youngest brother's right} \Rightarrow \text{Depends on survival} \]

Step 2: Check Assertion (A).
Since the youngest brother must survive the eldest sister, his interest depends on an uncertain condition. Therefore, it cannot be treated as purely vested immediately after the death of the transferor. \[ A = \text{Not correct} \]

Step 3: Check Reason (R).
The reason states the general rule that when only enjoyment is postponed until a certain event, the interest may remain vested. This is a correct general principle. \[ R = \text{Correct as a general principle} \] Therefore, the most appropriate option is that Assertion is not correct but Reason is correct.