Under Sec 5 of Transfer of Property act 1882, the term “transfer of property” is described. The term Transfer of property means: it is an act done by a ; who transfers his property either in present or in near future to one or other living individual. It is to be noted that, transfer of property to any individual would also include companies, association or body corporate whether incorporated or not.
However, Sec 13 of this act do act as an exception for the definition explained in Sec 5 of the same act. Sec 13 of TOPA,1882 discusses about the concept of “Transfer of an immovable property to an UNBORN CHILD”. Under this section the phrase “unborn child” means a child or a baby who is present in mother’s womb. A child who isn’t born yet there is an existence of such child in mother’s womb, then an immovable property can be transferred in to that unborn child. As stated in Sec 5, the transfer of property would take place between two or more living individuals. The same concept is applied in Sec 13. The Indian law determines that any living individual can transfer the property to the unborn child only if such unborn child is present in mother’s womb. The unborn child present in mother’s womb would be considered as a living individual and hence such transfer is held to be valid. If there is no presence of baby even in mother’s womb, then the property can’t be transferred to such a child by any living individual.