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VOL. 7, ISSUE 4 (2021)
Adapting the rule against perpetuity with 21st Century
Authors
Priyanshi Aggarwal
Abstract
India has undergone a seismic shift when it comes to Property Law. Derecognizing property rights as fundamental right to following a restrictive and gender-biased approach in deciding the ownership of property to finally acknowledging and having a progressive attitude towards property laws, India has constantly reformed and revamped its laws in this domain. One such arc of this saga circumscribes around the category of unborn person. As surprising as it may seem, Transfer of Property Act, subject to Rule against Perpetuity as given in Section 13 and read with Section 14 allows for transfers which are made or created for the benefit of the unborn. The aim of this paper is to first trace the history and the rationale behind existence of this common rule in order to put forward the view that despite having rigid application, the need for this rule cannot be undermined. However, there does exist a need to reform the rule as there are grave complications that supplement this rule.
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Pages:195-200
How to cite this article:
Priyanshi Aggarwal "Adapting the rule against perpetuity with 21st Century ". International Journal of Law, Vol 7, Issue 4, 2021, Pages 195-200
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