Section 14 in The Transfer Of Property Act, 1882
14. Rule against perpetuity.—
No transfer of property can operate to create an interest which
offends the rule against perpetuities and is therefore void
and not enforceable even against the original contracting
parties.
"A perpetuity", as defined ... Silvertop against the executors of
the Earl. The Lord Chancellor (Earl of Silborne) overruled
the plea that the covenant offended the rule against
perpetuities
Section 114 in The Indian Succession Act, 1925
114. Rule against perpetuity.—
No bequest is valid whereby the vesting of the thing bequeathed
already said, s. 12 provides the rule against perpetuity;
but it is said that the rule against perpetuity provided in
this section is not infringed ... against perpetuity
enshrined in. s. 12 requires. If this were not so, it will
be quite easy to get round the rule against perpetuity
that he agreement, Exhibit 39, is void as of finding the rule against perpetuities. No time limit is fixed by it; but it Was contended ... might be enforced against the promisor himself during his lifetime, this does not affect the applicability of the rule against perpetuities, when it is sought
perpetuity.
44. Counsel for the first defendant contended that it was merely a personal covenant and was not within the rule against perpetuities and that ... cannot be enforced against the heirs of the person who entered into the contract as it infringes the rule against perpetuities. In a recent Privy
namely: (1) Exhibit A-1 on its proper interpretation, violates the rule against perpetuity and the purported interest created by Exhibit A-1 is, therefore ... power of so doing has been curtailed by a rule known as the rule against perpetuities....
...
Certain trusts which at first sight appear
that the bequest in question is void as violating the rule against perpetuity.
3. That a bequest for the performance of masses, according ... dispositions of property in perpetuity not allowed by English law are allowed to Hindus and Muhammadans, therefore the rule against perpetuities has no application
public policy unless the covenant offends the rule against perpetuities. The rule against perpetuities is embodied in Section ... Grey on 'The Rule against Perpetuities':
The rule against perpetuities concerns rights of property only, and does not affect the making of contracts
perpetuity, and he may have entered into a personal covenant which is binding on him because the rule against perpetuities has no application to such ... interest in land in perpetuity; (2) to enter into a personal covenant unrestricted in point of time; the rule against perpetuities cannot be obnoxious