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iNTRODUCTION UNBORN PERSON : He is one who is not in existence as of now or who will come into

existence in future at any time or who is in the womb of the mother. He is basically, a person not yet born.

RIGHTS OF UNBORN: •

According to the Vienna Convention on the Law of reaties, the rule regarding the  protection of life before birth could be considered as !"us cogens! #final norm n orm of general international law$.

•

According to %leming and Hains: &he right to life of all human beings has the nature of  an intransgressible norm already contained in the 'niversal (eclaration of Human )ights *+-, the nternational Covenant on Civil and /olitical )ights *+00 and the (eclaration of the )ights of the Child *+1+. 'nder international law, the unborn child is protected.

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2xplicit protection is extended to the unborn child in the nternational Covenant on Civil and /olitical )ights *+00, and in the Convention on the /revention and /unishment of  the Crime of 3enocide *+-.

•

he text text #of the 'niver 'niversal sal (eclarati (eclaration on of Human Human )ights )ights *+-$ *+-$ clearly clearly states states that that everyone has the right to life, and that what is meant by everyone is !every member of the human family! 4 that is all human beings. Here is the nub of the matter.& matter.&

TRANSFER OF PROPERTY TO UNBORN A child in its mother5s womb is for many purposes regarded by a legal fiction as already born, in accordance with the maxim nasciturus pro jam nato habetur 6 which means that the legal capacity of the natus is sometimes determined by referring bac7 to a time when he was still nasciturus

#unborn$. hus, in the law of property, there is a fiction that a child en ventre sa mere is a person in being a life chosen to form part of the period in the rule against perpetuities.

TRANSFER OF PROPERTY ACT – SECTION 13 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. Sec 13 !" Prior Interest : /rior interest is not affected by reason of the subse8uent interest being rendered

void by this rule. t is neither enlarged or extinguished #Moh!e" Shh #$ O%%i&i' Tr(stee o%  Ben)' , *+9+0 CAL *$.

*i!ite" Interest : Limited interest cannot be created for the benefit of an unborn person even

though it is sub"ect to a prior interest in favor of a living person.

I''(strtion –

A transfers property of which he is the owner to ; in trust for A and his intended wife successively 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. he interest so created for the benefit of  the eldest son does not ta7e effect, because it does not extend to the whole of A!s remaining interest in the property. # T$ S(+r!ni N"r #$ T$ #r"hr,n , A) cal. **. @ubramania ?adar v. . varadhara"an, A)