Section 15 of The Transfer of Property Act, 1882
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 1[in regard to those persons only and not in regard to the whole class.]
Summary
- Section 15 of this property law applies when you transfer property to a group or class of people.
- If the transfer fails for some members of the group because they violate Section 13 or Section 14, the transfer does not fail for the whole group.
- The property transfer fails only for those specific individuals who do not meet the legal rules for unborn persons or perpetuity.
- The members of the group who do meet the legal requirements will still validly receive their shares in the property.
Practical examples
FAQ
1. What happens if a transfer to a group of people fails for some members under Section 15 of the Transfer of Property Act?
Under Section 15 of the Transfer of Property Act, 1882, if a transfer to a class fails for some members due to Section 13 or Section 14, it fails only for those specific members and not for the entire class.
2. Does a failure of an interest of one member of a class invalidate the transfer to the whole class under Section 15 of the Transfer of Property Act?
No, under Section 15 of the Transfer of Property Act, 1882, the transfer remains valid for the other members of the class who do not violate the rules.
3. What legal rules can cause a class member's interest to fail under Section 15 of the Transfer of Property Act?
Under Section 15 of the Transfer of Property Act, 1882, a class member's interest might fail due to the rules in Section 13 regarding unborn persons or Section 14 regarding perpetuity.
4. How did the law under Section 15 of the Transfer of Property Act protect other class members?
Under Section 15 of the Transfer of Property Act, 1882, the law ensures that innocent members of a class who satisfy all legal conditions do not lose their property rights just because another member's interest fails.
Test yourself
Q1.Under Section 15 of the Transfer of Property Act, 1882, if a property interest is created for a class of persons and fails for some members under the rules of Section 13 and Section 14, what is the effect on the rest of the class?
Q2.Under Section 15 of the Transfer of Property Act, 1882, which other sections of the same Act can cause an interest to fail for some members of a class?
Q3.Under Section 15 of the Transfer of Property Act, 1882, if a grandfather transfers property to his son for life, and then to his grandchildren, but the gift fails for an unborn grandchild because it gave them only a life interest under Section 13, what happens to the living grandchildren's shares?
Q4.Under Section 15 of the Transfer of Property Act, 1882, if a class gift fails for an unborn member because it violates the perpetuity period under Section 14 by postponing vesting until age twenty-five, what is the legal result?