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Section 15 – Transfer of Property Act 1882

Transfer of Property Act 1882

 

15. Transfer to class some of whom come under sections 13 and 14.—

 

If, on a transfer of property, an interest therein is created for the benefit of a class of persons with regard to some of whom such interest fails by reason of any of the rules contained in sections 13 and 14, such interest fails 1[in regard to those persons only and not in regard to the whole class].

 

COMMENTS

It has been held by the Supreme Court that although no interest could be created in favour of an unborn person but if gift was made to a class of series of person some of whom were in existence and some were not, it was valid with regard to the former and invalid as to the latter; Raj Bajrang Bahadur Singh v. Thakurain Bakhtraj Kuer, (1953) SCR 232.

 

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1. Subs. by Act 20 of 1929, sec. 9, for “as regards the whole class”.

 

 

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Transfer of Property Act 1882

 

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