Transfer to Members of a Class Who Attain a Particular Age

Introduction

In some transfers, property is given to a group (class) of persons, but only those who reach a certain age can benefit.
Section 22 deals with such situations and explains when the interest becomes effective.

Meaning / Definition

Section 22 of the Transfer of Property Act provides that when property is transferred to members of a class who must attain a particular age, only those members who reach that age will get the interest.

Any member who does not attain that age will not get the benefit.

Types

Transfer subject to age condition

The interest is given only to those members of the class who reach the specified age.

• The condition is mandatory
• The interest remains uncertain until the age is reached

Non-vesting before attainment of age

The interest does not become vested (fixed right) until the person attains the required age.

• If a person dies before reaching that age, their interest fails
• Only eligible members benefit

Distinction / Comparison

Section 22 vs Vested Interest

• Under Section 22, interest depends on attaining a specific age

• Vested interest does not depend on such a condition

• Interest under Section 22 is contingent until age is reached

• Vested interest is fixed from the beginning

Practical Example

A transfers property to the children of B who attain the age of 18.

• Only those children who reach 18 years will get the property
• A child who dies before 18 will not get any share

Summary

• Section 22 applies to transfers made to a class of persons
• Only members who attain the specified age get the interest
• Interest does not vest before reaching that age
• Members who fail to attain the age lose their interest
• The rule ensures clarity in distribution among class members