Question

A transfers property of which he is the owner to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A's second son. The interest so created for the benefit of the eldest son

• A. Does not take effect
• B. Takes effect
• C. Partially takes effect
• D. None of the above

Hint:

For transfers to unborn persons under the TPA, always check two things: Is there a valid prior life interest? And, is the unborn person getting the \textbf{absolute} interest? Giving anything less than an absolute interest to the unborn person makes the transfer to them void.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
This question tests the rules regarding transfer of property for the benefit of an unborn person, specifically under Section 13 of the Transfer of Property Act, 1882.
Step 2: Detailed Explanation:
Section 13 of the TPA lays down the rules for a valid transfer to an unborn person. The key conditions are: 1. The transfer cannot be made directly to the unborn person. It must be preceded by a prior life interest created in favour of a person living at the date of the transfer. 2. The interest given to the unborn person must be the whole of the remaining interest of the transferor in the property. In other words, the unborn person must be given an absolute interest, not a limited interest like a life interest. Let's analyze the given transfer:
1. Prior life interests are created for A and his intended wife (who are living persons). This satisfies the first condition. 2. After their deaths, an interest is created for the "eldest son of the intended marriage" (who is an unborn person at the time of transfer). 3. The interest given to this unborn eldest son is only a "for life" interest. This violates the second condition of Section 13. The Act prohibits the creation of a limited (life) interest in favour of an unborn person. The unborn person must be made the ultimate and absolute owner of the property. Since the transfer grants only a life interest to the unborn eldest son, this transfer is void.
Step 3: Final Answer:
The creation of a mere life interest in favour of the unborn eldest son is contrary to Section 13 of the Transfer of Property Act. Therefore, the interest so created for his benefit does not take effect and is void. Option (A) is correct.