The guiding principle of transfer of property is that a transfer must take place between two living person. The Transfer of Property Act, 1882 has laid down certain rules regarding transfers for the benefit of unborn persons. Interest may be created in favour of an unborn person but no transfer can be made directly to such a person. A transfer can be made through a trust or the ownership of the estate must be vested in some person between the period of transfer and coming into existence of the unborn person. An absolute interest in the property must be transferred to the unborn person. Such interest remains a vested interest, even though the unborn person may not be entitled to enjoy the property soon after his birth.
