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Under Transfer of Property Act, 1882 when can an unborn person acquire vested interest on transfer for his benefit?
Question

Under Transfer of Property Act, 1882 when can an unborn person acquire vested interest on transfer for his benefit?

A.

Upon his birth

B.

Upon completing his majority age.

C.

Upon his marriage

D.

None of the above

Correct option is A


Under Section 20 of the Transfer of Property Act, 1882, an unborn person can acquire a vested interest in property upon their birth. This means that as soon as the child is born, they acquire a vested interest in the property that has been transferred for their benefit, even though the actual possession of the property may happen later.
· The property is transferred in favor of an unborn person through a preceding life interest, which means someone else (alive at the time of the transfer) holds the property interest until the unborn person is born and becomes entitled to it.
· The unborn person does not need to reach majority (i.e., 18 years of age) to acquire the vested interest. The interest is vested immediately at birth, not when they turn 18 or complete any other condition like marriage.
Additional Knowledge:
· Vested interest means that the person’s right to the property is secure and does not depend on any further conditions (except the condition of birth). The person will have the right to possess the property, even if possession is delayed.
· Possession might be delayed until after the life interest expires (for example, when the person who holds the life interest dies), but the unborn child has the vested interest immediately upon birth.

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