Under Section 13 of the Transfer of Property Act, 1882, a transfer of property for the benefit of an unborn person is valid only when:

Section 13 of TPA, 1882 provides that where on a transfer an interest is created for the benefit of a person not in existence at the date of transfer, subject to a prior interest created by the same transfer, the interest for such person shall not take effect unless it extends to the whole of the remaining interest of the transferor in the property. Two conditions are mandatory: (i) there must first be a prior interest created in favour of a living person a direct transfer to an unborn person without a prior living beneficiary is void; and (ii) the unborn person must receive the entire remaining interest of the transferor a partial remainder is not permissible. Under Section 20, once born, the unborn person acquires a vested interest in the property. Section 13 is closely linked with Section 14 (rule against perpetuity) the prior interest must not extend beyond lives in being plus 18 years, failing which the entire arrangement becomes void.