• (+91) 870-051-0442
  • (+91) 995-373-8135
  • info@legalassist.co.in
       A Unit of GARG ASSOCIATES (NARWANA WALE)
LEGAL ASSIST
  • Home
  • About us
  • Our Services
    • Property Assist
      • Title Search/Due Diligence
      • Deed Writing and Documentation
      • Registration of Documents
      • Freehold Conversion
      • Mutation and Assessment of Municipal Tax
      • Certified Copies / Notary Services
      • Estate Planning
      • ADR/ Litigation/ Arbitration
    • Inheritance Assist
      • Estate Planning
      • Documentation and Registration
      • Succession Certificate
      • Probate of Will
      • Partition
      • Settlement/ ADR/ Litigation
    • NRI’s Assist
      • Title Search
      • Succession Certificate
      • Legal Heir Certificate
      • Real Estate Services, Conveyancing and Registration
      • ADR/ Litigation/ Arbitration-NRI
      • Gazette Notification
    • Business Assist
      • Pre-due Date Collection/ Recovery of Receivables
      • Post-due Date Collection/ Recovery of Receivables
      • MSME’s Recovery of Receivables
  • Blog
  • Partner With Us
  • Contact Us
  • Menu
Can You Gift Property to Someone Who Isn't Born Yet?

Can You Gift Property to Someone Who Isn’t Born Yet? Understanding Section 13 of the Transfer of Property Act

September 17, 2024/in Blog /by legal-web-admin

Have you ever wondered if it’s possible to leave property to a future grandchild or great-grandchild who hasn’t been born yet? It might sound strange, but in some cases, it’s actually possible! This is where Section 13 of the Transfer of Property Act comes into play. Let’s break it down in simple terms.

First, what does “transfer of property” mean? It’s when someone gives their property (like land, a house, or money) to someone else. Usually, this happens between people who are alive. But sometimes, people want to make sure their property goes to future family members, even if those family members aren’t born yet.

Section 13 of the Transfer of Property Act allows for something called a “transfer for the benefit of an unborn person.” This means that you can set aside property for someone who isn’t born yet, but there are some rules to follow.

Here’s how it works:

  1. You can’t directly give property to an unborn person. Instead, you have to give it to someone who’s already alive (let’s call them the “caretaker”) to hold onto until the unborn person is born and grows up.
  2. The unborn person must be born by the time the transfer is supposed to happen. For example, if you want to give property to your future grandchild when they turn 18, they need to be born within 18 years of when you set up the transfer.
  3. The property can’t be kept waiting forever. There’s a rule called the “rule against perpetuity” which says that the transfer must happen within 18 years of a life that’s already in existence when the transfer is set up.
  4. Until the unborn person is born and can take the property, the caretaker looks after it. They might collect rent if it’s a house, or invest the money if it’s cash.
  5. Once the unborn person is born and reaches the age you specified, they get the property.

This law is helpful for people who want to plan for future generations. For example, a grandparent might want to make sure their great-grandchildren have money for college, even if those great-grandchildren aren’t born yet.

But it’s not simple to do. There are lots of legal rules to follow, and it’s easy to make mistakes. That’s why it’s important to talk to a lawyer if you’re thinking about doing something like this.

In the end, Section 13 of the Transfer of Property Act is a way for people to look out for future family members. It’s a bit complicated, but it shows how the law tries to balance the wishes of people today with the rights of people who aren’t born yet.

So, next time someone says you can’t plan for the future, you can tell them about this interesting law that lets people do just that – even for people who aren’t born yet!

Tags: Best Delhi Lawyers for Civil Case, Best Delhi Lawyers for Wills / Trusts, Can You Gift Property to Someone Who Isn't Born Yet?, mutation of property in delhi ncr, online property registration delhi, power of attorney to sell property in delhi, property consultant in noida, property consultant website, property registration in gurgaun, Top Lawyers For Property Case in Delhi, Top Notary Services in Delhi.
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share by Mail
https://legalassist.co.in/wp-content/uploads/2024/09/Untitled-design.png 667 1000 legal-web-admin /wp-content/uploads/2021/05/logo-final.png legal-web-admin2024-09-17 02:16:592024-09-17 02:19:48Can You Gift Property to Someone Who Isn't Born Yet? Understanding Section 13 of the Transfer of Property Act

Latest Blog

  • The Dark Side of Domestic Abuse: Atul Subhash Suicide Case StudyThe Dark Side of Domestic Abuse: Atul Subhash Suicide Case StudyJuly 26, 2025 - 4:01 pm
  • What is the procedure and grounds for filing defamation case?Understanding Defamation: Your Complete Guide to Filing a CaseJuly 23, 2025 - 11:54 am
  • creamy layer certificateHow to Obtain a Non-Creamy Layer Certificate in India: Comprehensive Guide (2025)July 21, 2025 - 5:57 pm
  • Understanding OBC Creamy and Non-Creamy Layers: Income Criteria and Legal GuidelinesJuly 19, 2025 - 6:23 pm
  • Anti-Spitting Laws in IndiaBreaking Down India’s Anti-Spitting Laws: A Complete Guide to Public Health ProtectionJuly 16, 2025 - 11:42 am
  • Can Digital Evidence from Dating Apps Prove Consent in Indian Courts?Does Indian law recognize digital evidence from dating apps as evidence of consent?July 14, 2025 - 3:49 pm
  • best marriage lawyerCan You Reopen a Divorce After Judgment in India? Your Complete Legal GuideJuly 12, 2025 - 2:38 pm
  • One Nation One Election: Understanding the Concept, History, and Ongoing DebateOne Nation One Election: Understanding the Concept, History, and Ongoing DebateJuly 10, 2025 - 8:05 pm
  • DRT NoticeReceived a DRT Notice? Key Steps to Take Within 30 DaysJuly 9, 2025 - 12:51 am
  • aiProtecting AI Innovation: A Simple Guide to Patents on Artificial Intelligence Inventions in IndiaJuly 4, 2025 - 6:35 pm
  • What Is the Legal Age of Drinking in India? Complete State-by-State GuideWhat Is the Legal Age of Drinking in India? Complete State-by-State GuideJuly 3, 2025 - 2:52 am
  • best Indian courtroom dramasThe best Indian courtroom dramas you must watchJune 30, 2025 - 11:57 pm
  • Can you sue someone who uses your photo without permission?Can you sue someone who uses your photo without permission?June 28, 2025 - 9:25 pm
  • Family CourtsWhat Types of Cases Are Addressed in Family Courts? A Complete Guide by Legal AssistJune 27, 2025 - 7:51 pm
  • Are Live-In Relationships Legal in India?Are Live-In Relationships Legal in India? : Legal Status, Rights & Everything You Need to KnowJune 24, 2025 - 7:19 pm

A Unit of GARG ASSOCIATES (NARWANA WALE)

Legal Assist is a single window solution driven platform to provide complete simplified assistance on all property and business related legal matters.

Our Services

  • Property Assist
  • Inheritance Assist
  • NRI’s Assist
  • Business Assist
Get Consultation

Contact Details

  • Contact

    +91-8700510442, +91-9953738135

  • Email

    info@legalassist.co.in

  • Delhi Office:

    RU-370, Pitampura, Delhi-110034

  • Gurugram Office:

    250, Sector-55, Gurugram, Haryana-122011

© 2024 | The Legal Assist, All rights reserved

Scroll to top