Question

Principle : Property can be transferred only by a living person to another living person.
Facts : 'A‘ transfers property of which he is the owner in favor of the unborn child of B.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.

• A. Property has been transferred to the unborn child
• B. Property has been transferred to B
• C. Property has not been transferred to the unborn child
• D. Property will be transferred to the unborn child after his birth

Answer 1

The Correct Option is C

The correct option is (C): Property has not been transferred to the unborn child.

Answer 2

The principle says property can be transferred only by a living person to another living person. A transferred property in favor of B's unborn child. Let's check each option.

1. Option A: Property has been transferred to the unborn child: The principle requires the transferee to be a living person at the time of transfer, and an unborn child does not yet exist as a living person, so no transfer to it can take legal effect.
2. Option B: Property has been transferred to B: A's stated intention was to transfer the property to B's unborn child, not to B personally, so treating the transfer as having gone to B misreads the facts.
3. Option C: Property has not been transferred to the unborn child: Since the unborn child is not yet a living person, the transfer cannot take effect in its favor under the principle, which limits transfers to living person to living person.
4. Option D: Property will be transferred to the unborn child after his birth: This option assumes the same attempted transfer automatically completes itself once the child is born, but the principle does not describe any such automatic completion, it simply says a transfer needs a living person on both ends, and that condition is not met at the time A makes the transfer.

Because the unborn child is not yet a living person, A's attempted transfer to it cannot take effect under the principle.

Therefore, the correct answer is Property has not been transferred to the unborn child.

Answer 3

Break the principle into its two required conditions: the transferor must be living, and the transferee must be living at the time of transfer, if either fails, no transfer takes effect to that party.

1. Property has been transferred to the unborn child: This fails the second condition, an unborn child does not yet exist as a living person at the time of the transfer, so the requirement is not met on the transferee's side.
2. Property has been transferred to B: This also fails, for a different reason, A's stated intention was to transfer the property to B's unborn child, not to B personally, so nothing supports redirecting the transfer to B instead.
3. Property has not been transferred to the unborn child: This follows directly from the second condition failing, since the unborn child is not yet a living person, the transfer cannot take effect in its favour.
4. Property will be transferred to the unborn child after his birth: This assumes an automatic completion mechanism, that the same attempted transfer springs to life once the child is born, but the principle describes no such automatic completion, it simply requires a living person on both ends at the time of transfer, a condition not met when A made it.

Since the unborn child does not satisfy the living-person requirement at the time of transfer, A's attempted transfer in its favour cannot take effect.

Therefore, the correct answer is Property has not been transferred to the unborn child.