All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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75.

A, a Hindu, owns only self- acquired property, has a wife B and a brother C. A and B have no children. Which of the following statements is the most accurate application of the principle set out below ?


Principle :

If the chance of an heir apparent or relation succeeding to a legacy or similar rights is a bare possibility, then such a right is not transferable as transfer of property.
A: C cannot transfer his right to the property as he only has a bare chance of succession even if he survives B.
B: C can transfer his right to A's property because the property is self- acquired.
C: C can transfer his right to the property because he has an interest contingent on B's death.
D: C cannot transfer his right to the property, as his right is a right to future maintenance.
E: C can transfer his right to the properly because A and B have no children who could be heirs apparent to A's property.

The answer is: A

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Explanation

The correct option is:

A: C cannot transfer his right to the property as he only has a bare chance of succession even if he survives B.

Explanation:

The principle provided emphasizes that if the chance of an heir apparent or relation succeeding to a legacy or similar rights is a bare possibility, then such a right is not transferable as transfer of property.

In this scenario, C, the brother of A, has a bare chance of succeeding to A's self-acquired property only if he survives B, A's wife. Since A and B have no children, C's right to succeed to A's property is contingent on B's death.

Contingent rights, especially those dependent on someone else's death, are considered to be bare possibilities, as there are many uncertain factors involved (such as the timing of B's death). Therefore, C's right to A's property is not a certain or transferable right.

Option A correctly applies the principle by stating that C cannot transfer his right to the property because it is a bare chance of succession dependent on B's survival.

Options B, C, D, and E do not accurately reflect the legal principle or the specific circumstances in the scenario provided.