Transferring Property To An Unborn Person, Legal Provisions You Should Know

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Transfer Of Property Act, 1882 

According to Section 13 of the Transfer of Property Act, 1882, a property cannot be directly transferred to an unborn person; instead, it must first be given to a living person who holds it until the child is born.

Absolute Interest Requirement

The unborn child must receive full ownership (absolute interest) upon inhering the said property; no partial or life interest can be given.

Prior Life Interest Rule

Before an unborn child receives the property, a living person must hold a life interest in it, ensuring the property remains in legal possession until the child is born.

Trustees And Guardianship

If parents cannot manage the property, a trust or guardian can be appointed to protect and manage the child’s inheritance until the child reaches adulthood.

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