DEAD-HAND DOMINION: THE RULE AGAINST PERPETUITY APPLICABILITY OF THE RULE IN THE CONTEMPORARY LAW OF PROPERTY

Abstract

A glass case in the central hall of the University College, University of London preserves mortal remains of great legal philosopher, Jeremy Bentham. The skeleton is clad in an overcoat that the noble man wore in his life. The excerpt on the outer case reads that “the testator desired to have his preserved figure, on certain occasions, placed in a chair at gatherings of his friends and disciples, for the purpose of commemorating his philosophy.” The practice is still followed in the University gatherings where the hand of the dead reins the show. One could only imagine the extraordinary scene where the dead hand heads the present beings. This continuous control by the dead hand is not considered a philosophical subject in its nature. Property, much less complicated device, however, is being restricted from adhering to the commands of the testator who acquired or inherited it, and who by way of his will, uses the trust for limiting the future interests created in the property by imposing certain conditions. The Rule against Perpetuity in Common Law means that every future interest must vest, if at all, within a period measured by the lives of definite persons in existence at the time of the creation of the future interest, and twenty-one years thereafter, and every such interest is void in its creation if it may by any possibility vest at a more remote time.1 The rule is based on the principle that all contrivances shall be void which tend to place the property forever beyond the reach of the exercise of the power of alienation. This rule is defined in Section 14 of The Transfer of Property Act, 1882 in India.