CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (A) Transfer of Property, whether moveable or immoveable

Section 16: Transfer to take effect on failure of prior interest

¹[Where, by reason of any of the rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class of persons fails in regard to such person or the whole of such class, any interest created in the same transaction and intended to take effect after or upon failure of such prior interest also fails.

Footnotes in the official text

1.Subs. by s. 10, ibid., for s. 16, 17 and 18.

Questions on this section

1 question in 9 of our papers cite Section 16. Try these from the free papers:

1. 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:

Practise questions on Transfer of Property Act