The Common Law in India - College of Social Sciences and ...

102 The Common Law in Indiaarise in futuro. The rule incorporated in the IndianAct deals with interests to arise in futuro only andthere is no express provision prohibiting or dealingwith interests in praesenti which are sought to bemade of indefinite duration. There is a differencealso in the period during which vesting may be delayed;the English law allows twenty-one years ingross after life or lives in being, 82 while the Indianlaw permits only the period of majority after a lifeor lives in being. Some interests created in praesenti,for example, charitable trusts and unfettered presentgifts to perpetual institutions are permissible and validin England. They are regarded as exceptions to therule against perpetuities in so far as that rule appliesto interests in praesenti. Finally, charitable trustsin futuro are no exceptions to the modern Englishrule against perpetuities which deals with estates infuturo. Charitable trusts to be valid in England musttherefore vest within the period allowed by the Englishlaw and if the vesting is delayed beyond that periodthe charitable trust will fail. 83 The position of thesetrusts in India is different. The Act relaxes the ruleagainst perpetuities in respect of transfers of propertyfor the benefit of the public, or for the advancementof religion or knowledge or for any other objectbeneficial to mankind and the vesting of such transfersinter vivos may be delayed beyond the period ofperpetuity. 84 But there is no similar relaxation ofthe rule against perpetuities in the Succession Act.82 Cadell (Thomas) v. Palmer (Arthur), etc. (1833) 1 Cl. & P.372.83 Swain, Re, Monkton v. Hands [1905] 1 Ch. 669.« 4 Transfer of Property Act, s. 18.