The rules with respect to the transfer of property for the benefit of unborn person is mainly governed and operated under section 13 of the Transfer of property act, 1882 has given a complication to the lawyers of every age across the country. This is often described as one of the most complicated legal rules ever.
Section 13 of the transfer of property act states that “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.”
Here unborn child refers to the individual who is non-existence starting at now yet will appear in a future child in a mother’s womb is not a person in existence. Despite the fact that it has been treated under both the Hindu and Muslim law. The transfer of property takes puts between two persons living which imply that there can't be an exchange to an individual who isn't conceived at this point or not in existence. This is the motivation behind why section 13 of Transfer of Property Act utilizes the term ‘for the benefit of’ and not transfer ‘to’ unborn person.
For a transfer of property to serve the unborn person two conditions are important to be satisfied:
Absolute interest should be moved in the favour of the unborn person, and
Prior life interest must be made in favour of a person in existence at the date of transfer.
Section 13 is enacted for the valid transfer of property to an unborn person. The procedures for the same are as per the following:
Any person who expects or wishes to transfer the property to support an unborn person should initially make a life estate in favour of a living person and after this, an absolute estate in favour of the unborn person.
Till the time, in whose support the existence bequest made is alive, would hold the owners of the property, and pleasure in the property.
If the person, who was unborn during the hour of the making of life bequest, is conceived, the title of the property gets quickly moved to the individual conceived yet he'll get the ownership just on the passing of the existing home holder. For further details, you can consult property lawyers in India.
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