Write a short note on the doctrine of cypres relating to trusts.
CS Executive · Economic and Commercial Laws · PYQS · December 2016
Write a short note on the doctrine of cypres relating to trusts.
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: Trusts Act
Related Questions in this Topic
- In the following cases, state with reasons if the trust is created under The Trusts Act, 1882: A bequeaths certain pro...
- A made a gift of a house in favour of B and handed over the deed to B. But before presenting the same for registration A...
- An industry during manufacturing operation had caused major leakage of harmful gas and was ordered to be closed down by ...
- A sub-registrar refuses to register a document on the ground of undervaluation for stamp duty. The person aggrieved with...
- The Micro, Small and Enterprises Development Act, 2006 empowers the Central Government to constitute an advisory committ...