Question:medium

Principle: Property can be transferred only by a living person to another living person.
Facts: ‘A’ transfers property of which he is the owner in favor of the unborn child of B.

Show Hint

In legal terms, a property transfer to an unborn child is not valid until the child is born and recognized as a person.
Updated On: Jul 15, 2026
  • Property has been transferred to the unborn child
  • Property has been transferred to B
  • Property has not been transferred to the unborn child
  • Property will be transferred to the unborn child after his birth
Show Solution

The Correct Option is C

Approach Solution - 1

Check the transferee's status at the exact moment of transfer, since the principle requires a living person on both ends of the transaction.

  1. Transferred to the unborn child: Wrong, the unborn child is not yet a living person, which the principle requires.
  2. Transferred to B: Nothing in the facts shows A intended to benefit B rather than B's child.
  3. Not transferred to the unborn child: Since a living transferee is required and the child does not yet exist as one, the attempted transfer does not take effect.
  4. Transferred after birth: The principle doesn't provide for a dormant transfer to activate later; it only governs transfers between persons who are living at the time.

The correct answer is Property has not been transferred to the unborn child.

Was this answer helpful?
0
Show Solution

Approach Solution -2

Assuming each option true.

  1. Transferred to the unborn child: Assume true, then the child must be a living person at the time of transfer. The child is not yet born at that point, so the assumption directly conflicts with the principle's living-person requirement.
  2. Transferred to B: Assume true, then A must have intended B himself as the transferee. The facts describe the intended beneficiary as B's unborn child, not B, so the assumption has no support in what A actually did.
  3. Not transferred to the unborn child: Assume true, then the child's not-yet-born status at the time of transfer must defeat the attempted transfer. That is exactly the case, the principle requires a living transferee at that moment, and the child does not meet it, so the assumption holds.
  4. Transferred after birth: Assume true, then the principle must provide for an attempted transfer to remain dormant and activate later. Its wording only describes transfers occurring between persons who are living at the time, with no mechanism for delayed activation, so the assumption reads in something the text doesn't provide.

Only the assumption that no transfer occurred survives, since the child was not a living person at the moment A attempted it, and the principle requires exactly that.

Therefore, the correct answer is Property has not been transferred to the unborn child.

Was this answer helpful?
0

Top Questions on Property Law

Questions Asked in CLAT exam

Read the passage and answer the question.

Passage (extract): The work which Gandhiji had taken up was not only regarding the achievement of political freedom but also the establishment of a new social order based on truth and non-violence, unity and peace, equality and universal brotherhood and maximum freedom for all. A new order cannot be established without radically changing the mind and attitude of men towards property and, at some stage or the other, the 'haves' have to yield place to the 'have-nots'. We have seen, in our time, attempts to achieve a kind of egalitarian society and the picture of it after it was achieved. But this was done, by and large, through the use of physical force. It may even be that, like a gas kept confined within containers under great pressure, or water held back by a big dam, once the barrier breaks, the reaction will one day sweep back with a violence equal in extent and intensity to what was used to establish and maintain the outward egalitarian form. This enforced egalitarianism contains, in its bosom, the seed of its own destruction. If egalitarianism is to endure, it has to be based not on the possession of the maximum material goods by a few or by all but on voluntary, enlightened renunciation of those goods which cannot be shared by others or can be enjoyed only at the expense of others.

According to the passage, egalitarianism will not survive if
View Solution
Read the passage and answer the question.

Passage (extract): The work which Gandhiji had taken up was not only regarding the achievement of political freedom but also the establishment of a new social order based on truth and non-violence, unity and peace, equality and universal brotherhood and maximum freedom for all. This unfinished part of his experiment was perhaps even more difficult to achieve than the achievement of political freedom. In the political struggle, the fight was against a foreign power and all one could do was either join it or wish it success and give it his/her moral support. In establishing a social order on this pattern, there was a strong possibility of a conflict arising between diverse groups and classes of our own people.

According to the passage, which was the unfinished part of Gandhi's experiment?
View Solution
Read the passage and answer the question.

Passage (extract): In the political struggle, the fight was against a foreign power and all one could do was either join it or wish it success and give it his/her moral support. Experience shows that man values his possessions even more than his life because in the former he sees the means for perpetuation and survival of his descendants even after his body is reduced to ashes. We have seen, in our time, attempts to achieve a kind of egalitarian society and the picture of it after it was achieved. But this was done, by and large, through the use of physical force. This enforced egalitarianism contains, in its bosom, the seed of its own destruction. The root cause of class conflict is possessiveness or the acquisitive instinct.

Which of the following statements is 'not true' in the context of the passage?
View Solution