Anil bequeaths his all properties to B desiring him to divide the bulk of the property among Sunil's Children. State, whether the trust has been created with sufficient certainty ? State also the certainities which are r

Section 6 of Indian Trusts Act, 1882 lays down provisions for creating a trust. It provides that 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. In the given case creating a trust by Anil and appointing B as trustee for distributing bulk properties among Sunil's children is not creating certainties about which property should be given to whom exactly. Keeping all these elements and looking to the facts of this case, no trust has been created because the trust property is not indicated with sufficient certainty. Certainties of a Trust 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. 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.