Property is transferred to ‘A’ for life and the remainder to his eldest son on attaining the age of 25 years ‘A’ has no son on the date of transfer. Examine the validity of the transfer.

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  • Property is transferred to ‘A’ for life and the remainder to his eldest son on attaining the age of 25 years ‘A’ has no son on the date of transfer. Examine the validity of the transfer.
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ANSWER

The transfer is not valid as per Sec. 14 of the Transfer of Property Act, 1882.

According to Sec. 14, vesting of absolute interest in favour of an unborn person may be postponed until he attains the age of 18 only. As per this rule, a property can be transferred first to one or more living persons on the date of transfer and secondly upto the minority of some person (18 years).

In the given problem, the transfer of the remainder is postponed beyond the age of majority by 7 years i.e., his 25th year. So, the transfer is not valid.

Last Updated On February 05, 2018
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