Girjesh Dutt v. Data Din (AIR 1934 Oudh 35)
By Gulzar Hashmi • Published on
Quick Summary
This case clarifies Section 13 of the Transfer of Property Act, 1882. When property is transferred for the benefit of an unborn person, that person must get full ownership on birth. A “life interest” for the unborn is not allowed. Any later gift that relies on such an invalid clause also fails.
girjesh-dutt-v-data-din-1934-oudhIssues
Rules
Facts (Timeline)
Arguments
Appellant (X)
Respondent
Judgment
The High Court held the life interest to unborn daughters void under Section 13. As the gift over to X depended on that void interest, it also fell. The court stressed that validity is judged by the deed’s words at the time of transfer, not by later events like B dying childless. Appeal dismissed.
Ratio Decidendi
An unborn person can only be given property with absolute ownership when they come into existence. Any attempt to create a limited estate (life interest) for an unborn person breaches Section 13 and is void. A subsequent clause relying on that invalid gift cannot stand.
Why It Matters
Key Takeaways
Mnemonic + 3-Step Hook
Mnemonic: “Unborn = All or Fall.”
IRAC Outline
Issue
Can a deed give a life interest to an unborn person? If void, do dependent gifts survive?
Rule
Section 13 TPA: Unborn must take absolutely; limited interests are void; dependent gifts fail.
Application
The deed created a life estate for unborn daughters → violates Section 13 → void. Gift to X hinged on that clause → also void.
Conclusion
Both the unborn daughters’ life interest and the gift over to X were invalid. Appeal dismissed.
Glossary
- Unborn Person
- Someone not in existence at the time of transfer.
- Absolute Interest
- Full ownership without limits or conditions.
- Life Interest
- Right to use property only during one’s lifetime; not full ownership.
- Gift Over
- A later gift that takes effect if an earlier one fails or ends.
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