Tagore v Tagore
Rule established
Rule against perpetuity tests possibility at date of transfer; if interest MIGHT vest beyond permitted period, it is void ab initio
Facts
- Settlement created successive interests with potential for remote vesting
- Question: should courts wait to see if the interest actually vests in time, or test at date of transfer?
Issue
- Whether the perpetuity rule is tested at the date of transfer (possibility) or at the actual time of vesting (actuality).
Held
- Validity is determined at the DATE OF TRANSFER based on POSSIBILITY. If the interest MIGHT vest beyond the permitted period (even if in fact it would not), it is void from the start.
Ratio Decidendi
Indian law does NOT adopt "wait and see." The test is prospective: at the date of transfer, is there any possibility the interest could vest too late? If yes → void. This prevents uncertainty about title that would exist if validity depended on future events.
How to use it in an exam
Foundational authority on S.14 perpetuity. Cite when asked whether Indian law uses "wait and see." Key line: "Indian law tests possibility at the date of transfer, not actuality."
Source
Source: (1872) LR Supp Vol 47 (Privy Council)
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.