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Whether a transfer can be made in favour of an unborn person?
Yes, by machinery of trust
Yes.
Guardian has got to be appointed first.
None of the above.
Let’s look at all the options:
- Option 1: Yes, by machinery of trust.
- Correct Answer. Under the law (especially the Transfer of Property Act, Section 13 in India), a property can be transferred for the benefit of an unborn person through the creation of a trust. The property is transferred to a person (trustee) who holds it until the unborn child comes into existence.
- Option 2: Yes.
- This is too general and misses the legal requirement that the transfer must be via trust or similar arrangement—direct transfer is not possible.
- Option 3: Guardian has got to be appointed first.
- Not required at the time of transfer. Guardianship may be needed to manage property later, but it’s not part of the actual transfer to unborn.
- Option 4: None of the above.
- Not correct. Option 1 is correct.
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