Question
Which section of the Transfer of Property Act, 1882,
restricts perpetual transfers and requires property to eventually vest in absolute ownership?Solution
Section 14 of the Transfer of Property Act, 1882, embodies the Rule Against Perpetuities, requiring that transferred property must vest in absolute ownership within the perpetuity period (lives in being plus 21 years). This prevents indefinite tying up of property and ensures eventual alienability. A transfer attempting to keep property in the family forever is void to the extent it violates this principle. However, exceptions exist for transfers for religious or charitable purposes and transfers taking effect upon a life interest. The rule balances property owners' freedom to dispose property with public policy interest in keeping property marketable and preventing dead hand control indefinitely into the future.
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