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Section 15: Transfer to class some of whom come under sections 13 and 14

Transfer of Property Act • Official Statutory Text & Practice Guide

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Act 1882
Section 14 All 137 Sections of Transfer of Property Act Section 16

Legal Commentary & Landmark Judgments: Section 15

Section 15 provides that where a transfer creates an interest for the benefit of a class of persons with regard to some of whom such interest fails by reason of the rules in Sections 13 and 14, such interest fails in regard to those persons only and not in regard to the whole class.

  • Class Gift Severability: 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 Section 13 (unborn person) or Section 14 (rule against perpetuities).
  • Partial Failure Principle: Such interest fails in regard to those persons only and does not fail in regard to the whole class.
  • Abrogation of Leake v. Robinson: Explicitly abrogates the rigid English common law doctrine (Leake v. Robinson), preserving the gift for all class members who satisfy the perpetuity period.
Key Landmark Precedents:
  • Raja Bajrang Bahadur Singh v. Thakurain Bakhtraj Kuer, AIR 1953 SC 7: The Supreme Court held that Section 15 salvages class dispositions: valid beneficiaries take their shares, and the invalidity of gifts to remote unborn members does not defeat the whole disposition.
  • Gopal Chunder Bose v. Kartick Chunder Dey, (1902) ILR 29 Cal 716 (PC): The Privy Council affirmed the statutory rescue mechanism embodied in Section 15 for family settlements and trusts.
Courtroom Practice & Strategic Litigation Guidance:

In family trusts for 'all grandchildren', ensure the vesting age is capped at 18; even if a remote unborn grandchild fails under Section 14, Section 15 preserves the trust for living and eligible grandchildren.

Section 14 All 137 Sections of Transfer of Property Act Section 16