LEGAL FRAMEWORK RELATING TO TRANSFER FOR BENEFIT OF UNBORN PERSON
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. Section 13 of the Transfer of Property Act, 1882, provides for creation of an interest in favour of an unborn child 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.