All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

The correct option is B. No.

The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A's remaining interest in the property. This is stated in Section 13 of the Transfer of Property Act, 1882, which provides that when an interest is created for the benefit of an unborn person, subject to a prior interest created by the same transfer, it must extend to the whole of the remaining interest of the transferor in the property. In this case, A has transferred his property to B in trust for A and his intended wife successively for their lives, and after their death, for the eldest son of the intended marriage for life, and after his death, for A's second son.

This means that A has not transferred his entire interest in the property to the unborn son, but only a life interest, which is less than his remaining interest. Therefore, the transfer is invalid and the interest of the unborn son does not take effect. The same principle was applied in the case of Ramji Dixit And Anr. vs Bhrigunath And Ors., where the Supreme Court held that a transfer of property to an unborn person must be absolute and not conditional or contingent.