Transfer for benefit of unborn person : Section 13 of TPA ,1882 II Section 13 of TPA  

Transfer for benefit of unborn person : Section 13 of TPA ,1882 II Section 13 of TPA #tpa1882
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This video Covers the Topic -
Section 13 -
“Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transfer in the property.”
Section 13 provides certain conditions for transferring
property validly for the benefit of unborn persons -
No Direct Transfer
Transferor should first create a life estate in favour of a living person
Transfer must be absolute.
Child must be born before the death of the person in whose favour life interest is created if not so property would revert back to transferor if alive otherwise his legal heirs.
As soon as the Child is born title of property would immediately vest in him but he will get the possession of the property only on the death of the life holder.
No Life Interest for an Unborn Person
It means that the transfer must convey to the unborn person,
whatever interest he had in the property, without retaining
anything with him. Thus, no limited estate can be conferred for the benefit of the unborn person. If limited interest in the property is settled for him, the same would be void.
Creation of a Prior Life Interest
As far as the creation of a prior interest is concerned,
first, the property is given for life to a living person. It is not necessary that life interest should be created in favor of only one living person. The transfer is competent to create successive life interests in favor of several living persons at the same time.
Comparison with other Laws-
Hindu law
Under pure Hindu law, a gift in favor of an unborn was void.
But now, since transfer of property act is applicable on Hindus, the transfer in favor of an unborn person is valid if it is made subject to the provision of section 13 of the act.
Muslim law
Section 13 is not applicable to transfers made by Muslims. However, under Muslim law too a gift in favor of a person not in existence has been held void
Indian Succession Act, 1925
Section 13 is almost identical with section 113, Indian Succession Act, 1925 ,difference is that the Sec. 13 is inter vivo, while the Sec. 113 deals with bequest which take effect only on the death of the testator.
Case Law-
Girish Dutt v. Data Din
, A made a gift of her property to B for her life and then to her sons absolute. B had no child on the date of execution of the gift. The deed further provided that in case B had only daughters, then the property would go to such daughters but only for their life. In case B had no child then after the death of B, the property was to go absolutely to X
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