Section 13 The Transfer of Property Act, 1882


 Section 13 The Transfer of Property Act, 1882: 

Transfer for 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. Illustration A transfers property of which he is the owner to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A’s second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A’s remaining interest in the property.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 13 The Transfer of Property Act, 1882: 

Narpatchand A. Bhandari vs Shantilal Moolshankar Jani And on 18 March, 1993

Kanaiyalal Lalchand Sachdev & Ors vs State Of Maharashtra & Ors on 7 February, 2011

Itc Limited vs Blue Coast Hotels Ltd. . on 19 March, 2018

Anand Nivas (Private) Ltd vs Anandji Kalyanji Pedhi & Ors on 5 September, 1963

The Calcutta Credit Corporation vs Happy Homes (P) Ltd on 23 October, 1967

Shantilal Kesharmal Gandhi vs Prabhakar Balkrishna Mahanubhav on 14 February, 2007

Rakesh Wadhawan & Ors vs M/S. Jagdamba Industrial  on 26 April, 2002

Sridhar vs N. Revanna on 11 February, 2020

Raj Kumar Mohan Singh & Ors vs Raj Kumar Pasupatinath Saran on 19 April, 1968

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