Question

A transfer's property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the lifetime of B. D survives B. At B's death

• A. The property passes to D
• B. The property reverts back to A's heirs
• C. The property is declared as having no owner
• D. None of the above

Hint:

In property law, pay close attention to words like "survivor," "if he attains the age of 18," or "upon his marriage." These phrases often indicate a contingent interest, where the vesting of the property depends on the fulfillment of a condition precedent.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
This problem involves the interpretation of a transfer under the Transfer of Property Act, 1882. It deals with a life estate followed by a remainder interest given to two persons with a condition of survivorship. The key is to determine the nature of the interest created for C and D.
Step 2: Detailed Explanation:
1. A creates a life interest in favour of B. This means B can enjoy the property for his lifetime.
2. After B's death, the property is to go to C and D, but with a crucial condition: "or to the survivor of them." This phrase creates a contingent interest under Section 24 of the Transfer of Property Act.
3. The interest for C and D is contingent upon them surviving the life-tenant, B. The property is to be taken by them only if they are alive at the time of B's death.
4. The problem states that C dies during B's lifetime. Therefore, C did not fulfill the condition of surviving B. C's potential interest is extinguished upon his death.
5. D, however, survives B. D has fulfilled the condition.
6. Therefore, upon B's death, the entire property passes to the sole survivor, D.
Step 3: Final Answer:
At B's death, the property passes entirely to D, who is the survivor.