Section 12 in The Transfer of Property Act, 1882

Title: Condition making interest determinable on insolvency or attempted alienation.

Description: Where property is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit of any person, to cease on his becoming insolvent or endeavouring to transfer or dispose of the same, such condition or limitation is void. Nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him.

Title: Transfer for benefit of unborn person.

Description: Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property. Illustration A transfers property of which he is the owner to B in trust for A and his intended wife succesively for their lives, and, after the death of the survivor for the eldest son of the intended marriage for life, and after his death for A's second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A's remaining interest in the property.

Title: Rule against, perpetuity.

Description: No transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong.

Title: Transfer to class some of whom come under sect ions 13 and 14.

Description: If, on a transfer of property, an interest therein is created for the benefit of a class of persons with regard to some of whom such interest fails by reason of any of the rules contained in sections 13 and 14; such interest fails 1[in regard to those persons only and not in regard to the whole class.] 1. Subs. by Act 20 of 1929, s. 9, for "as regards the whole class".

Title: Transfer to take effect on failure of prior interest.

Description: 1[16. Transfer to take effect on failure of prior interest.-- Where, by reason of any of the rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class of persons fails in regard to such person or the whole of such class, any interest created in the same transaction and intended to take effect after or upon failure of such prior interest also fails.] 1. Subs. by s. 10, ibid., for sections 16, 17 and 18.

CHAPTER 2 OF TRANSFERS OF PROPERTY BY ACT OF PARTIES (A) Transfer of property, whether moveable or immoveable