Reviewed case brief
Tagore v Tagore
(1872) LR Supp Vol 47 (Privy Council)
The rule against perpetuity must be applied at the date of transfer. If there is any possibility (however remote) that the interest might not vest within the prescribed period, the transfer is void ab initio. Indian law tests possibility, not actuality.
- Court
- Privy Council
- Year
- 1872
- Subjects
- Property Law
- Reviewed
- 2026-06-30
Rule established
Rule against perpetuity tests possibility at date of transfer; if interest MIGHT vest beyond permitted period, it is void ab initio
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
(1872) LR Supp Vol 47 (Privy Council)
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.