Transfer of Property Act Section 18 — Transfer in perpetuity for benefit of public

Summary

This section creates an exception to the rules against certain long-term or perpetual transfers. Those restrictions do not apply when property is given away for the benefit of the public. The purpose of the transfer must be to advance religion, knowledge, commerce, health, safety, or any other goal that is beneficial to people in general.

Official Text

The restrictions in sections 14, 16 and 17 shall not apply in the case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety, or any other object beneficial to mankind.]

Sections referred to

• Transfer of Property Act §14 — Rule against perpetuity
• Transfer of Property Act §16 — Transfer to take effect on failure of prior interest
• Transfer of Property Act §17 — Direction for accumulation

Related Judgments

• THAKUR MOHD. ISMAIL vs THAKUR SABIR ALI — Supreme Court of India (1962)
• JOHN VALLAMATTOM AND ANR. vs UNION OF INDIA — Supreme Court of India (2003)
• DR. H. S. RIKHY AND OTHERS vs THE NEW DELHI MUNICIPAL COMMITTEE — Supreme Court of India (1961)
• Represented by Mr.Fazal Mehmood; Add : 33, Husainiya Marg (Pakmodiya; vs 1] State of Maharashtra, } — Bombay High Court (Mumbai Principal Seat) (2019)