Transfer of Property to A class

                                                                                

 Transfer to class -

 A Class means Personas answering common description for example.. married children , unmarried children, born children and Unborn children, sons, daughter etc . This section lays down that if an interest is created for the benefit of a class of persons with regard to some of whom such interest fails on account of the rule against perpetuity, Such  interest fails in regards to those persons only and not in regard to the whole class.

Transfers Of Property By Act Of Parties.

Section 15 - Transfer to a class, some of whom come under sections 13 and 14..

         If, on a transfer of property, an interest therein is created for the benefit of a class of persons with regard to some of whom such interest fails by reason of any of the rules contained in sections 13 and 14, such interest fails in regard to those persons only and not in regard to the whole class.

Thus if transfer is made to class and transfer is made in favour of some members only the interest fails by reason of Section 13 and section 14 then transfer is valid in favour of those or class who can take and transfer is void in favour of that class who can not take it...

llustration

A makes transfer of his  property to B for life and then to B's Unborn children with a condition that a female child was to get only a life interest. B dies leaving three sons and one daughter. The interest of the daughter fails by reason of the rules contained in Section 13 but it does not fail in regard to the whole class, that is other three sons will take.

Amendment of 1929 -

Before Amendment of 1929, the rule was different for example... division of class was not permissible. It was the rule that class as a whole should take a class, as a whole shall fail. It was because of English law in case of Leak vs Robinson ,  it was decided by English Court that transfer should fail if it is void in favour of some of them and it shall fail if it is valid in favour of some of them. After amendment now transfer is valid as a whole in respect of those who can take. If such transfer is made and such a transfer is valid in favour of some members but it is void for other members under section 13 or 14, then divide the class into these who cannot take.

Answer is twofold -

1)  Transfer is partially valid in favour of those who can take.

2) Transfer is partially void in favour of those who cannot take.

Case law

1)  Leak Vs Robinson 1817 - 

Prior to the Amendment Act, 1929 though old  Section provided that when an interest was created in favour of a class of a persons and it failed with regard to some of the persons on account of perpetuity, Such interest failed as regards the whole class. This decision was criticized by various High Court and it was held that it did not apply to Hindus. In view of the criticisms the Appointment 1929 came into force.

2)  Raja Bajrang Bahadur Singh vs Thakurain  Bakhatraj kaur AIR 1953 SC 7.

Supreme Court held that by the amendment 1929 when an interest is created for the benefit of a class a person with regard to some of whom such interest fails on account of the rule against perpetuity, such interest fails  in regard to those person only and not in regard to the whole class.

In short  By the amendment of 1929 division of a class is Permissible. Now the transfer is valid as a whole in respect of those who can take. Those who cannot take because they are affected either by section 13 or Section 14, transfer is void for them but those who are not affected because of Section 13 or section 14, transfer is valid for them.