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Section 22: Transfer to members of a class who attain a particular age

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 21 All 137 Sections of Transfer of Property Act Section 23

Legal Commentary & Landmark Judgments: Section 22

Section 22 regulates transfers to members of a class who attain a particular age, providing that such interest does not vest in any member who has not attained that age.

  • Class Transfer with Age Condition: Where, on a transfer of property, an interest therein is created in favor of such members only of a class as shall attain a particular age.
  • Contingent Until Age Attained: Such interest does not vest in any member of the class who has not attained that age; it remains a contingent interest.
  • Perpetuity Limit Compliance: The specified age must not extend beyond the minority (18 years) of an unborn person to avoid violating Section 14.
Key Landmark Precedents:
  • Raja Bajrang Bahadur Singh v. Thakurain Bakhtraj Kuer, AIR 1953 SC 7: The Supreme Court highlighted that under Section 22, the condition of attaining a specified age makes the transfer contingent until the event occurs.
  • Gopal Chunder Bose v. Kartick Chunder Dey, (1902) ILR 29 Cal 716 (PC): The Privy Council examined class gifts with age stipulations, affirming that vesting is deferred until attainment of the prescribed milestone.
Courtroom Practice & Strategic Litigation Guidance:

Specify an age not exceeding 18 years for class vesting; setting the age at 21 or 25 for unborn persons will render the disposition void under Section 14 read with Section 22.

Section 21 All 137 Sections of Transfer of Property Act Section 23