RIGHTS OF UNBORN CHILD

Abstract

Property Law in India has undergone tremendous change in the past few decades. From denying basic property rights to certain sections of the society such as women, to recognizing intellectual property rights, it has come a long way. One such domain is the transfer of property for unborn persons. The word unborn person has not been defined either in the transfer of property Act or under the Hindu succession Act. However, as per the Literal meaning, the word Unborn Person means “the person who has no existence at the time of the transfer of the property but may have its existence someday in future. The term unborn person also includes the Unborn Child. Such an interesting aspect of property law as it postulates transfer for the benefit of such a person who is not yet in existence. This subject has many grey areas, which need to be explored. The present research study is mainly doctrinal and analytical. Keeping this in view, the Researcher shall utilize the conventional method of using libraries consisting of primary Sources and secondary sources like Case-laws, legislations and books, journals etc. Respectively. Doctrinal methods for the purpose of research because have been adopted as It is not possible to study the subject by experimental method. From the collected material and information, the researcher proposes to conduct an in-Depth analysis of the topic of study. The researcher through this paper has made an attempt to explain the provisions of S. 13 along with the leading cases on the subject. The paper also outlines the relationship between S. 13 & other related provisions of the Transfer of Property Act, 1882.