Section 13: Transfer for benefit of unborn person

Questions on this section

5 questions in 17 of our papers cite Section 13. Try these from the free papers:

1. 1. A transfers his house to B for life and, after B's death, to B's eldest son for life. B has no son on the date of the transfer. Under Section 13 of the Transfer of Property Act, 1882:

   A.the life interest for the unborn son fails, as it is not the whole of A's remaining interestB.the gift to the unborn son is valid if he is born before B's deathC.the gift to the unborn son is valid only if he attains majority in A's lifetimeD.the whole transfer, including B's life interest, is rendered void
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2. 2. X settles his land on trust for himself for life, then for his intended wife for life, then for the eldest son of the intended marriage for life, and after that son's death for X's nephew N, who is alive at the date of the settlement. The interest given to the unborn eldest son fails under Section 13 of the Transfer of Property Act, 1882. The interest given to N:

   A.is valid, because N was a living person on the date of the settlementB.takes effect after the son's death, as originally provided in the settlementC.also fails, as it was to take effect after the failed prior interestD.takes effect on the death of the survivor of X and his intended wife
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3. 3. On 1 January, A transfers property to B for life and thereafter absolutely to B's first child, who has not yet been conceived; no contrary intention appears in the transfer. The child is born in the following year, during B's lifetime. Under Section 20 of the Transfer of Property Act, 1882, on birth the child acquires:

   A.a vested interest only from the date he actually takes possessionB.a vested interest, although enjoyment may not begin immediatelyC.no interest, since he was not in existence on the date of transferD.a contingent interest that vests only on attaining majority
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