Transfer of Property Act Section 24 — Transfer to such of certain persons as survive at some period not specified

CHAPTER I PRELIMINARY

General

Summary

If a property transfer gives an interest to a group of people who are alive at some future time, but the exact time is not stated, the interest goes to those who are alive when the earlier or intermediate interest ends. This rule applies unless the transfer document clearly says something different. For example, if property is given to B for life, then after B's death to C and D or the survivor of them, and C dies before B, then D alone receives the property when B dies.

Official Text

Where, on a transfer of property, an interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is not specified, the interest shall go to such of them as shall be alive when the intermediate or precedent interest ceases to exist, unless a contrary intention appears from the terms of the transfer. Illustration A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the life of B. D survives B. At B's death the property passes to D.