Question

Under the Transfer of Property Act, 1882, an unborn person acquires vested interest on transfer for his benefit under the Act:

• A. Upon his birth;
• B. 7 days after his birth;
• C. 12 days after his birth;
• D. None of all;

Hint:

Under Section 13, an unborn child gets vested interest upon birth, but cannot hold property before being born.

Answer 1

The Correct Option is A

Step 1: Understanding Section 13 of the Transfer of Property Act, 1882:
Section 13 of the Act deals with transfer for the benefit of an unborn person. The provision states that property can be transferred for the benefit of an unborn child through a prior life interest created for another person. The unborn child attains vested interest immediately upon birth.
Step 2: Legal Explanation:
The interest does not exist before birth but vests automatically upon birth, provided the transfer was made validly in favor of the unborn person. This principle is derived from the maxim “nemo est haeres viventis” — no one can be the heir of a living person, but once born, the interest takes effect immediately.
Step 3: Example:
If A transfers property to B for life, and after B’s death to A’s unborn son, the son acquires vested interest upon his birth, though possession may be deferred until B’s death.
Step 4: Final Conclusion:
Therefore, the correct answer is (A) Upon his birth, as the unborn person acquires vested interest from the moment of birth under Section 13.