Question

A Brief Write-Up On Transfer Of Property For The Benefit Of Unborn Person And Rule Against Perpetuity ?​

Answer 1

Explanation:

Rule For Transfer Of Property For The Benefit Of Unborn Person

"Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property."

Rule Against Perpetuity

"No transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong."

Answer 2

Answer:

In other words, the interest in favour of the unborn person shall constitute the entire remaining interest. The underlying principle in section 13 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