Property Laws for the Non-Existent: A Study on Transfer for the Benefit of an Unborn Person

Abstract

Property Law in India has undergone tremendous change in the past few decades. From denying basic property rights to certain sections of the society such as women, to recognizing intellectual property rights, it has come a long way. One such domain is the transfer of property for unborn persons. This is an interesting aspect of property law as it postulates transfer for the benefit of such a person who is not yet in existence. This subject has many grey areas, which need to be explored.

The researcher through this paper has made an attempt to explain the provisions of S. 13 along with the leading cases on the subject. The paper also outlines the relationship between S. 13 & other related provisions of the Transfer of Property Act, 1882.

Keywords: property law, transfer for the benefit of an unborn person, Section-13, Transfer of Property Act, 1882