Tagore v. Tagore (1872) Perpetuity was declared void.
Sopher v. Administrator General of Bengal (1944) Grandfather bequeathed certain property to grandson but before that to his son and his wife. The bequest to the grand children was held to be void by Privy Council as it was hit by section 113 of Indian Succession Act which corresponds to section 13 of Transfer of Property Act.
Ardeshir v. Duda Bhoy D was a settler who made a settlement, D was to get during life, one-third each was to go to his sons A and R. After D’s death, the trust property was to be divided into two equal parts. The net income of each property was to be given to A and R for life and after their death to the son’s of each absolutely. If A and R were each to pre-deceased D without male issue, the trust were to determine and the trust property were to the settler absolutely. The settler then took power to revoke or vary the settlement in whole or in part of his own benefit. It was held that R’s son who was not born either at the date of settlement or his death did not take any vested interest and the gift to him was invalid. A’s son who was alive at these dates did not also take a vested interest.
Section 15
Raja Bajrang Bahadur Singh v. Thakurain Bakhtraj Kuer (1953)
It has been held by the Supreme Court that although no interest could be created in favor of an unborn person but if gift was made to a class of series of person some of whom were in existence and some were not, it was valid with regard to the former and invalid as the latter.
Section 16
Girijesh Dutt v. Data Din (1934)
A made a gift of her property to her nephew’s daughter B for life and then absolutely to B’s male descendants if she should any, but in the absence of any male child of B, but in the absence of any male child of B, to B’s daughter without power of alienation and if B has no descendents male or female then to her nephew. B died issueless. The court held that the gift for life to B was valid because B was living person at the date of transfer but gift in favor of B’s daughter was void under section 13 of transfer of property act because it was given only limited interest she had not given absolute interest. Since this transfer was invalid the subsequent transfer depending on it also failed.
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20 июн 2020
