All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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75.

Transfer of property Act, 1882 Unborn person acquires vested interest on transfer for his benefit under transfer of property act :

A: Upon his birth
B: 7 days after his birth
C: 12 days after his birth
D: None of all

The answer is: A

Explanation

The correct option is A: Upon his birth.

According to Section 20 of the Transfer of Property Act, 1882, when an interest in property is created for the benefit of an unborn person, he acquires a vested interest in the property as soon as he is born, unless a contrary intention appears from the terms of the transfer. This means that the unborn person has a right to the property from the moment of his birth, even if he may not be able to enjoy it immediately.

For example, if A transfers his property to B for life, and after B's death to C's unborn son, then C's son will acquire a vested interest in the property as soon as he is born, but he will have to wait until B dies to get the possession of the property.