Girjesh Dutt v. Datadin AIR 1934 Oudh 35 (Landmark case)

• • This case is landmark case of section 13 of Transfer of property act.

  • Section 13 talks about transfer for the benefit of an unborn person.
  • Section 13 talks about two things-

    I) Prior life-interest: Interest and Absolute intrest in favour of unborn person.

Now let us study Girjest dutt case:

1. “A” transferred gift to “B” (Nephew daughter). Then to B’s male descendant.
2. Incase of absence of B’s male child to B’s daughter (limited interest was created) and absence of B, any descendant male/female to A’s Nephew.
3. But B dies issueless,
4. Gift in favour of B was valid but gift made in favour of B’s daughter was void as limited interest was created and according to section 13, interest created in favour of unborn person should be absolute interest.

5. Further subsequent transfer to A’s nephew will also fail as per section 16 of Transfer of Property act, 1882.