Transfer For Benefit Of Unborn Person Essay

1378 Words6 Pages



S. No. Particulars Page Number
1 Introduction
2 Research Objectives
3 Research Questions
4 Hypothesis
5 Introduction – Transfer for the Benefit of an Unborn Person
6 Case Laws
7 Cognate Laws
8 Response to Hypothesis
9 Conclusion
10 Bibliography

Property Law in India has undergone a huge change in the past decades. Earlier, when the basic property rights of certain sections were deprived such as women but now the Intellectual Property Rights are recognized. It has come a long way. But some domains are still debated upon; one of them is transfer for benefit of unborn person. This subject has many grey areas for exploration.
Transfer for benefit of unborn person can only be done when the conditions attached are fulfilled. And once they are completed, the unborn person obtains a vested interest in the property on his/her birth. This means the child gains the ownership of the property but will get the possession once the life interest ceases. This life interest was created prior to the birth of the child. For example, A transfers his property to B (his child), thereafter to C (his unborn grandchild) for life and finally, to D (his unborn great grandchild). But there is a question which arises, i.e. what will happen if the child dies after his/her birth? In this case who will be the true owner of the property? Will the property go to Government by way

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