ISSUE:
Whether a transfer of property for the benefit of an unborn person is valid when it includes a life interest for the unborn person?
Whether subsequent provisions in the same deed that depend on an invalid transfer take effect?
Whether the transfer violated Section 13 of the Transfer of Property Act, 1882 (“TP Act”), by failing to convey absolute interest to the unborn person?
RULE:
Section 13 states that property transferred to an unborn person must give them full ownership without any restrictions or conditions.
Limited rights in respect of property, such as a life interest, cannot be given to unborn persons under the framework of the TP Act.
Further transfer of property depending on such invalid transfer of life interest in favour of unborn persons is also void.