Transfer of property

Sec 13 of TOPA deals with Transfer for benefit of Unborn person

Sec 14 of TOPA deals with Rule against Perpetuity 

With respect to sec 13(No direct transfer can be made to unborn) however there are conditions which make it possible

1. No direct transfer to unborn person  - because Sec 5 TOPA deals with transfer inter vivas (From living person to living person)

2. First transfer to person or persons living at the date of transfer with limited interest in property. They can enjoy limited rights till their life.

3. Unborn person must come in to existence before the death of last life interest holder(chain of life interest made by transferor)

4. Last and more important pont is Unborn person must be vested with all remaining interest i.e Absolute interest not life interest.

If above conditions are satisfied the transfer is valid.

Sec 14 Perpetuity - Tying up the property for long time or forever

By creating infinity numbers of life interests( for ex : A transfers property to B with life interest & to B's children then their children & goes on, so there is no chance of absolute enjoyment by the transferee because he cannot alienate the property

rights of the transferee or owner of the property includes to own, enjoy, alienate if he wishes 

in perpetuity he is deprived of alienating power

it is void, our law does not allow this policy despite this every person wants his property to devolve upon his family from generation to generations

There is an exception which allows tying up the property for certain period

1. Till Life time of person or persons living at the date of transfer. 

2. During the minority of a person who shall come  in to existence 

for ex : A transfer a property to B,C,D with life interest & to E with absolute interest(who will come in future) after attaining majority

So in this case approx tying up of property is if B lives for 10yrs, C lives for 15yrs & D lives for 5 yrs from the date of transfer & minority perid of E(18yrs accoring to Indian majority act)

B+C+D+E(18) - 10+15+5+18yrs minority = 48yrs

it can be tied up for 48yrs(Mximum perpetuity period in this case)

Anwaar Mohammed sir 
in the above case if the child born before the death of the last heir and attained the age of 18 years what happens the property? 

1. the child gets property immediately on he attains age of majority?

2. the child should wait until the death of the last heir? 

thanks for the answer in advance