Explain the doctrine of 'Cypres' in the cases of a charitable trusts. Where this doctrine is applied by the courts under Indian Trust Act, 1882?
CS Executive · Economic and Commercial Laws · PYQS · June 2021
Explain the doctrine of 'Cypres' in the cases of a charitable trusts. Where this doctrine is applied by the courts under Indian Trust Act, 1882?
Answer & Explanation:
Where the object of the charitable trust, specified by the settler, is or subsequently becomes impossible or impracticable or unlawful, the trust will not necessarily fail, but the Court has power to apply the trust to some other charitable object as nearly as possible resembling the intention of the author. This power of the Court is known as "doctrine of cypres". When a particular mode of charity indicated by the author is not capable of being carried out, yet a general intention of charity, is indicated by the author of the trust, the Court would execute it 'cypres' i.e. in a way as nearly as possible to that which testator specified.
Topics: Indian Trusts Act, 1882
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