Rule against perpetuity Sec 13 &14 Transfer of Property Act, 1882 (transfer to an unborn child)

The Rule Against Perpetuity is a legal doctrine that governs the creation of certain types of future interests in property. It is a common law rule that limits the duration of such interests to a certain period of time, beyond which they are considered void.

The rule against perpetuity provides that any future interest in property must vest within a certain period of time after the death of the person who created the interest or within a certain period of time after the occurrence of some other event. This period of time is usually referred to as the "perpetuity period" and is generally set at 21 years after the death of an individual who was alive at the time the interest was created.

The purpose of the rule against perpetuity is to prevent the creation of interests in property that could potentially last forever, tying up property in perpetuity and preventing it from being used by future generations. The rule promotes the efficient use of property and ensures that future generations have access to it.

Overall, the rule against perpetuity is an important legal principle in property law, ensuring that interests in property are created in a way that is fair and efficient, and promoting the orderly transfer of property from one generation to the next.

Section 13 and Section 14 of the Transfer of Property Act (TPA) deal with the transfer of ownership of immovable property. Here's what they say:

Section 13: Transfer for consideration

Section 13 of the TPA deals with the transfer of ownership of immovable property for consideration. It says that a transfer of property is valid when it is made for consideration. "Consideration" refers to the price paid for the property or any other valuable thing that is given in exchange for the property.

Section 14: Transfer for an unlawful object or consideration

Section 14 of the TPA deals with the transfer of ownership of immovable property for an unlawful object or consideration. It says that a transfer of property is void if it is made for an unlawful object or consideration. An "unlawful object" refers to any purpose that is illegal or against public policy. An "unlawful consideration" refers to any consideration that is illegal or against public policy.

For example, if a property is transferred for consideration, but that consideration is a bribe paid to the transferor, then the transfer is void under Section 14. Similarly, if a property is transferred for an unlawful purpose, such as to facilitate a criminal activity, then the transfer is void under Section 14.

Overall, Section 13 and Section 14 of the TPA are important provisions that ensure that transfers of immovable property are made for lawful purposes and with proper consideration.

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