AIBE III 2012 Question 77

A, a married Hindu lady, transfers some of her immovable property to B to be held in trust for the benefit of her son C, until A's unborn daughter attains majority. However, the trust deed stipulates that if her unborn daughter marries outside the religion, the immovable property is to revert in favour of the trust and be transferred to C. Which of the following Statements is the most accurate application of the principle below regarding the transfer to the unborn daughter?

1. A The transfer is invalid as A has transferred the immovable property to a trust, and thus there has been no preceding transfer to a living person.
2. B The transfer is invalid because it is conditional on whether A's unborn daughter marries within the religion, and this is not a transfer of the whole of residual interest in the property. Official answer
3. C The transfer is valid.
4. D The transfer is invalid because A has transferred the property to C and then her unborn daughter through the same trust deed.
5. E The transfer is invalid because the transfer to her unborn daughter is conditional upon her attaining majority, and this is not a transfer of the whole of residual interest in the property.