Section 13 and Section 14|| Transfer of Property Act, 1882 #ruleagainstperpetuity #tpa1882
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Tagore v. Tagore (1872) Perpetuity
Tagore v. Tagore (1872) Perpetuity was declared void.
Sopher v. Administrator General of Bengal (1944) Grandfather bequeathed certain property to grandson but before that to his son and his wife. The bequest to the grand children was held to be void by Privy Council as it was hit by section 113 of Indian Succession Act which corresponds to section 13 of Transfer of Property Act.
Ardeshir v. Duda Bhoy D was a settler who made a settlement, D was to get during life, one-third each was to go to his sons A and R. After D’s death, the trust property was to be divided into two equal parts. The net income of each property was to be given to A and R for life and after their death to the son’s of each absolutely. If A and R were each to pre-deceased D without male issue, the trust were to determine and the trust property were to the settler absolutely. The settler then took power to revoke or vary the settlement in whole or in part of his own benefit. It was held that R’s son who was not born either at the date of settlement or his death did not take any vested interest and the gift to him was invalid. A’s son who was alive at these dates did not also take a vested interest.
Section 15
Raja Bajrang Bahadur Singh v. Thakurain Bakhtraj Kuer (1953)
It has been held by the Supreme Court that although no interest could be created in favor 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 the latter.
Section 16
Girijesh Dutt v. Data Din (1934)
A made a gift of her property to her nephew’s daughter B for life and then absolutely to B’s male descendants if she should any, but in the absence of any male child of B, but in the absence of any male child of B, to B’s daughter without power of alienation and if B has no descendents male or female then to her nephew. B died issueless. The court held that the gift for life to B was valid because B was living person at the date of transfer but gift in favor of B’s daughter was void under section 13 of transfer of property act because it was given only limited interest she had not given absolute interest. Since this transfer was invalid the subsequent transfer depending on it also failed.
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Sopher v. Administrator General of Bengal (1944) Grandfather bequeathed certain property to grandson but before that to his son and his wife. The bequest to the grand children was held to be void by Privy Council as it was hit by section 113 of Indian Succession Act which corresponds to section 13 of Transfer of Property Act.
Ardeshir v. Duda Bhoy D was a settler who made a settlement, D was to get during life, one-third each was to go to his sons A and R. After D’s death, the trust property was to be divided into two equal parts. The net income of each property was to be given to A and R for life and after their death to the son’s of each absolutely. If A and R were each to pre-deceased D without male issue, the trust were to determine and the trust property were to the settler absolutely. The settler then took power to revoke or vary the settlement in whole or in part of his own benefit. It was held that R’s son who was not born either at the date of settlement or his death did not take any vested interest and the gift to him was invalid. A’s son who was alive at these dates did not also take a vested interest.
Section 15
Raja Bajrang Bahadur Singh v. Thakurain Bakhtraj Kuer (1953)
It has been held by the Supreme Court that although no interest could be created in favor 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 the latter.
Section 16
Girijesh Dutt v. Data Din (1934)
A made a gift of her property to her nephew’s daughter B for life and then absolutely to B’s male descendants if she should any, but in the absence of any male child of B, but in the absence of any male child of B, to B’s daughter without power of alienation and if B has no descendents male or female then to her nephew. B died issueless. The court held that the gift for life to B was valid because B was living person at the date of transfer but gift in favor of B’s daughter was void under section 13 of transfer of property act because it was given only limited interest she had not given absolute interest. Since this transfer was invalid the subsequent transfer depending on it also failed.
For more videos, click on the links:
Expert Opinion Section 45-51 Indian Evidence Act, 1872
Expert Opinion || Section 45-51|| Ind...
Section 52-55 of Indian Evidence Act, 1872
Section 52 - 55 of Evidence Act|| Cha...
Section 10 and 11 Transfer of Property Act, 1882
Section 10 and Section 11|| Condition...
Notice under section 3 of Transfer of Property Act, 1882
Notice || Transfer of Property Act, 1...
Doctrine of Estoppel
Doctrine of Estoppel || Section 115, ...
Presumptions of Burden of Proof
Presumptions of Burden of Proof || In...
Section 6 of Transfer of Property Act, 1882
Presumptions Under Indian Evidence Act, 1872
Presumptions under Indian Evidence Ac...
Presumptions Related to Documents
Presumptions Related to Documents || ...
Introduction to Transfer of Property Act
Transfer of Property Act, 1882|| An I...
Section 5 of Transfer of Property Act, 1882
Secction 5 TPA 1882 || Transfer of Pr...
Injunctions Chapter VII and VIII of Specific Relief Act,1963 and Order 39 Rule 1-5
Chapter VII & VIII || Specific Relief...
Section 20 of Specific Relief Act, 1963.
Section 17,18 and 19 of Specific Relief Act, 1963
#sra #section17specificreliefact Sect...
Section 12, 13, 15 of Specific Relief Act, 1963
#specificreliefact #sra #section12sra...
For More videos click on the following links:
Section 188, 120B, 269, 270, 271 IPC, 1860
#section188 #indianpenalcode #section...
Section 511 IPC, 1860
Section 511|| Chapter XXIII || Indian...
Criminal Intimidation:
Criminal Intimidation || Chapter XXII...
Receiver
Receiver || Order 40 || Civil Procedu...
Forgery
Forgery || Chapter XVIII || Of Offenc...
Criminal Trespass
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Counterclaim and set off
#setoff #counterclaim #cpc1908 #order...
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Burden of Proof
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Sections: 493-498
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Learn about Defamation:
#ipc #defamationlaws Defamation || ...
Please do not forget to like, comment, subscribe, share and support. It matters to me a lot.
Thank You
With
Best Wishes!
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