Ruchir, a retired teacher in Bhimwadi village wanted to create a trust which would financially support the poor students in his village. He informed his nephew Suchir about his wish to create a trust with the house and 1

Section 6 of the Indian Trusts Act 1882 lays down provisions for creating a trust. It provides that subject to the provisions of Section 5 a trust is created when the author of the trust indicates with reasonable certainty by any words or acts: (a) an intention on his part to create thereby a trust; (b) the purpose of the trust; (c) the beneficiary, and (d) the trust property; and transfer the trust property to the trustee except where a trust is declared by Will or the author of the trust is himself to be the trustee. If a trust is to be valid and enforceable, it is material to ascertain the author of the trust. Next the intention to create a trust, the purpose of the trust, the trust-property and the beneficiaries must be indicated and in such a way that the trust could be administered by the Court if the occasion arose. For creating a trust, the author of the trust should indicate with reasonable certainty the following: (1) Certainty in words: The words used to create a trust must be clear and certain so as to explain a clear intention to create a trust. Recommendatory words like "I hope" "I wish" are not sufficient. (2) Certainty in the object of the trust: The beneficiary, for whose benefit the trust is created, must be shown clearly. (3) Certainty in the subject-matter of the trust: The subject matter of the trust must be clear, i.e., the property, in respect of which a trust is created, must be shown clearly. Purpose of the trust should be certain. If the trust instrument is lacking in first and third certainties, no trust is created but if the second certainty is absent, resulting trust will be created in favour of the author of the trust. In the case under reference, Mr. Ruchir's handwritten note cannot be considered as a trust document for the reason there is no certainty in words. The words "it is my wish" and "I hope" are not sufficient to create a trust.