gifted the immovable property to his grandson

 Transfer of Property Act Section 13 Transfer for benefit of unborn person Application of Section  A perusal of the gift deed as noted indicates that 'M' gifted the immovable property to his grandson, 'N'  Gift was not in favour of any unborn person rather gift was in favour of 'N' who was a minor, five years old The reference of donee and his younger brothers or their male children was made while enumerating the conditions as contained in the gift deed  The condition was put on the donee and his younger brothers who may be born after the execution of the gift deed - The condition put on person unborn is entirely different from execution of gift deed in favour of a person who is not born  Thus, the gift was clearly a gift in favour of defendant No.1 and not in favour of unborn person, thus, Section 13 has no application in the facts of the present case

SRIDHAR vs REVANNA CA 1209/20 11/02/20 [ Ashok JJ ]

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