ASSIGNMENT NO. 1
ENROLLMENT NO. : GU17R0389
SUBJECT: TPA, 1882
Section 13 of the Transfer of Property Act, 1882 provides that when for the transfer of
property, an interest therein is created for the benefit of an unborn person at the date of the
transfer, a prior interest is to be created in respect of the same transfer and 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 person transferring the property in the property to be transferred.
Unborn child refers to an individual who is not born yet or is not in existence and there is
nothing in the law to prevent the unborn child owning property before he is born.
A child in a mother’s womb is considered to be a person competent of the transfer.
Therefore a property can be transferred to a child in her mother’s womb because the child
exists but not to an unborn person who does not even exists in the womb of her mother.
With every transfer of property, there is a transfer of interest which states that as soon as
the property gets transferred in the name of transferee the interest is vested in the
transferee. Therefore it is necessary that the transferee should be in existence when the
transfer is made. This is against the very concept of an interest.
There can be no direct transfer to an unborn person. There must be a transfer to a prior interest
who will hold the rights in the property sought to be transferred for the unborn person until it is
born or comes into existence. This is because of the rule that property cannot be held in
abeyance.
CONDITIONS to be compiled with under this section are:
i. The interest of the unborn person must be preceded by a prior interest;
ii. The unborn person must be in existence when the prior interest comes to an end;
