Raman bequeaths certain property to Mohan, desiring him to divide the bulk of it among Kapil's children. Does this create a trust? Give reasons.

CS Executive · Economic and Commercial Laws · PYQS · December 2015
Raman bequeaths certain property to Mohan, desiring him to divide the bulk of it among Kapil's children. Does this create a trust? Give reasons.

Answer & Explanation:

This does not create a trust, for the trust property is not indicated with sufficient certainty. 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. There must be certainty in words and certainty in object of the trust. In this case, the term 'bulk of it' is vague and does not specify the exact property to be divided, thus lacking certainty of subject matter, which is essential for the creation of a valid trust.

Topics: Indian Trusts Act, 1882

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