Mohan bequeaths certain property to Sohan, requesting him to distribute it amongst such members of Ajay's family as Sohan should think most deserving. Does it create a trust? Give reasons.

CS Executive · Economic and Commercial Laws · PYQS · June 2018
Mohan bequeaths certain property to Sohan, requesting him to distribute it amongst such members of Ajay's family as Sohan should think most deserving. Does it create a trust? Give reasons.

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 view of the above, this does not create a trust, for the beneficiaries are not indicated with reasonable certainty.

Topics: Trust Law

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