The Hon’ble Supreme Court, on 11th February 2020, in the matter of Sridhar & Anr. v. N. Revanna & Ors. observed that Section 13 of the Transfer of Property Act has no application where only a condition is put on an unborn person because a condition put on an unborn person is entirely different from transfer in favour of an unborn person.
The Hon’ble Supreme Court observed that:
Section 10 of the Transfer of Property Act, 1882, expressly provides that where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void. According to Section 10 any condition restraining the transferee the right of alienation is void. (Para 17)
The condition put on person unborn is entirely different from execution of gift deed in favour of a person who is not born. Thus, Section 13 of the Transfer of Property Act has no application. (Para 21)
Copy of judgement: Judgement_11-Feb-2020
-Adv. Tushar Kaushik