Question

Transfer of property to unborn persons is permitted under certain conditions under the Transfer of Property Act 1882. Which of the following transfer is valid?

• A. A transfers property to B, the unborn child of C who is not pregnant at the time of transfer.
• B. A transfers property to B, the unborn child of C, when she was carrying 3 months, by creating a prior life interest in C .
• C. A transfers property to B for life, C for life and thereafter to unborn child in the womb of C with absolute interest.
• D. Both (b) and (c)

Hint:

Remember that under Section 13 of the Transfer of Property Act, 1882, a transfer to an unborn person can never be of a limited interest (like a life estate).
It must always be an absolute interest.
Additionally, a child in the womb is legally recognized as a person in existence.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks about the validity of a transfer of property to an unborn person under the Transfer of Property Act, 1882.
We need to determine which of the given scenarios constitutes a legally valid transfer under Section 13 and Section 14 of the Act.

Step 2: Detailed Explanation:

• Section 13 of the Transfer of Property Act, 1882: This section governs transfers for the benefit of an unborn person.
It dictates that a direct transfer to an unborn person is invalid.
To transfer property to an unborn person, two conditions must be met: first, a prior life interest must be created in a living person; second, the transfer to the unborn person must comprise the entire remaining interest of the transferor.

• Status of a Child in the Womb: In contemplation of law, a child in the mother's womb (en ventre sa mere) is considered a person in existence.
Therefore, a transfer to a child in the womb is not treated as a transfer to an unborn person in the absolute sense, provided a prior interest is created.

• Analysis of Statement (A): Here, A transfers property to B, who is unborn, and C is not pregnant.
Since there is no prior interest created in a living person, and the child is not even in the womb, this transfer is invalid.

• Analysis of Statement (B): C is 3 months pregnant with B, and a prior life interest is created in C.
Since B is in the womb and a prior life interest is created in C, this transfer is valid.

• Analysis of Statement (C): Prior life interests are created in B and C, and the property is then transferred to the unborn child in the womb of C with absolute interest.
This fulfills both conditions of Section 13 (prior interest and transfer of absolute interest) and is therefore valid.

Step 3: Final Answer:
Since both statements (B) and (C) represent valid transfers under the Act, the correct option is (D).