Rules against perpetuity (also known as the rule against perpetuities) are one of the most well-known, but often misunderstood, principles in real estate law. Although English law is generally applicable, many legal systems are relevant today, including those in Pakistan, particularly in cases related to inheritance, property transfer, trusts, and real estate planning.
This article explains the rule against eternity in a concise and clear format, covering its definition, purpose, examples, and application in Pakistan.
What is the rule against eternity?
The rule against perpetuity is a legal principle that prevents the indefinite control of property after a person’s death. The primary goal is to avoid ownership or closure of the property for an inappropriate period, and ensure that the assets can be moved independently in the long term.
Definition (General Law Edition)
“Any interest is not good until it should be inherent, if at all, more than 21 years after any life is in the creation of interest.” Let’s go.
Let’s break this “down:
- “Interest means any future claim or right in property (such as inheritance).
- “Vest” means the legal ownership becomes certain.
- “Life” and being” mean someone alive at the time the interest is created.
- “21 years “is the maximum period beyond the lifespan of the person alive at the time of the event.
Purpose of the Rule
- Prevent long-term restrictions on property.
- Encourage free transfer and productive use of land or assets.
- Doesn’t property remain tied up in legal conditions for generations?
Simple Example
Imagine this:
In 2025, A writes an “ill statement.” I leave my grandson, the first child of my grandson, who turns 25. A’s grandson hasn’t had a child yet. The interest for that future child might not vest (become certain) for many decades—possibly even after A’s grandson and others alive in 2025 have died. It violates the Rule Against Perpetuities because it could take more than 21 years after the death of people alive when the will was made.
Therefore, that clause in the will would be invalid.
Application in Pakistan
In Pakistan, while the Rule Against Perpetuities is not directly cited in every property dispute, the principle is recognized under property and trust laws. Courts may refer to:
Transfer of Property Act, 1882
Succession Laws
Trusts Act, 1882
According to Section 14 of the Transfer of Property Act, no transfer can be made to a living person on the date of such transfer or to a minor (under 18 years) of some person who shall be in existence at the expiration of that period.
It is similar to the standard law version of the RAP.
Legal Validity of Future Interests
In Pakistan:
- Conditional future “transfers (such as “when X turns 3”) must still conform to the RAP.
- Property cannot be indefinitely controlled via complex clauses in wills or deeds.
- If the condition goes beyond the legally accepted timeframe, it may be void.
Importance in Estate Planning
Anyone involved in writing wills or creating trusts should be aware of the Rule Against Perpetuities. Violating the rule can:
- Invalidate parts of a will or trust.
- Create confusion and legal disputes among heirs.
- Delay inheritance or property division.
Lawyers and drafters must exercise caution when setting future conditions or interests, particularly those involving unborn beneficiaries.
Exceptions & Reforms
Some modern jurisdictions (like the USA and UK) have reformed or even abolished the traditional rule due to its “complexity.” They now apply a wait-and-see rule—if the interest does not fall within the legal time, it’s valid.
In Pakistan, however, the traditional principle still applies unless legislation explicitly states otherwise.
Final Thoughts
The Rule Against Perpetuities plays a crucial role in shaping the operation of property and inheritance laws in Pakistan. Although it may seem technical, understanding its core idea is essential for estate planners, lawyers, and individuals drafting wills. The key takeaway is that you cannot control property forever; it must become someone else’s.
