Arun bequeaths certain property to Varun, requesting him to distribute it, among such members of Sohan's family, as Varun should think most deserving. Examine the validity of the trust.

CS Executive · Economic and Commercial Laws · PYQS · December 2020
Arun bequeaths certain property to Varun, requesting him to distribute it, among such members of Sohan's family, as Varun should think most deserving. Examine the validity of the trust.

Answer & Explanation:

For creating a trust the author of the trust should indicate with reasonable certainty the following: 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. Certainty in the object of the trust: The beneficiary, for whose benefit the trust is created, must be shown clearly. 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. In the present case Arun bequeaths certain property to Varun, requesting him to distribute it amongst such members of Sohan's family as Varun should think most deserving. This does not create a trust, for the beneficiaries are not indicated with reasonable certainty.

Topics: Indian Trusts Act

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic