Girija Datt v Gangotri

Facts

• Transfer created a life interest in an unborn person (first child to be born)
• Remainder was to another person after the unborn's life estate
• Validity challenged under S.13

Issue

1. Whether a transfer creating a life interest (not the whole remaining interest) in an unborn person is valid under S.13.

Held

• The transfer to the unborn was void. S.13 requires the unborn to receive the entirety of what remains after the life tenant's interest. A mere life estate to the unborn violates this requirement.

Ratio Decidendi

The whole-interest rule prevents property from being tied up through successive generations of unborn persons. If the unborn could receive only a life estate, followed by another estate to another unborn, perpetuities would be easily created.