---RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW---

ASSIGNMENT ON
TRANSFER OF PROPERTY TO UNBORN CHILD

SUBMITTED FOR THE PURPOSE OF INTERNAL ASSESSMENT

TRANSFER OF PROPERTY ACT

FIRST SEMESTER

LL.B. (HONS.) IN INTELLECTUAL PROPERTY LAW

RGSOIPL – IIT KHARAGPUR

SUBMITTED BY:

AARTI BHARDWAJ

Roll No: 19IP63002

---RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW---

ABSTRACT
 ---RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW---

INTRODUCTION

Section 13 of the Act refers to ‘Transfer for benefit of unborn person’. This Section is
an attempt to import into India what used to be known in England, “The rule of Double
Possibilities”. The rule is that a person disposing of property to another shall not fetter
the free disposition of that property in the hands of more than one generation 1. As we
have read earlier that both the parties to a transfer of property must be living persons
(including juristic person), but Section 13 is an exception to the general rule of transfer
inter vivos.S.13 is a transfer by born to the unborn. A property can be transferred to a
child in the mother’s womb but not to one who’s not in the mother’s womb.
Section 5 of the transfer of property act 1882, transfer as between living persons.
Exception– There are certain sections in the act which lay down certain rules regarding
transfer for the benefit of unborn person. Section 13 is one of the group of sections
which refer to interest created for the benefit of person not existing at the date of
transfer.
This section provides that there should never be such a person as an unborn one takes
for life, because it is an obvious contingency.
Legal status of an unborn child
An unborn child is termed as a person post his/her birth. Infant enventresa mere i.e.
child in the womb is supposed to take birth for many reasons. As per the property law,
the unborn child can attain definite rights and inherit the property but only in case he or
she is born alive. Although the unborn child cannot be considered as a person yet his/her
rights can be vested in the hands of his/her trustees.
Limited Interest: Limited interest can-not be created for the benefit of an unborn
person even though it is subject to a prior interest in favour of a living person.

1
Wordpress.com/transfer-of-property-to-unborn-child
 ---RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW---

Rights of an unborn child on property under the property act

The thesis of child enventresa mere under the property act gives the right on property
to an unborn child only if he or she is born alive. By the time he/she is born, till then all
the rights lay in the name of his or her parents/trustees. One can easily consult a family
lawyer and seek online legal help or advice in Delhi, Mumbai, Chennai, Bangalore,
Hyderabad, Pune, Goa, Kolkata, Ahmedabad, Gurgaon or Noida.