Arun bequeaths certain property to Varun requesting him to distribute it amongst such members of Chandan's family as Varun should think most deserving. Does it create a trust? Give reasons.
CS Executive · Economic and Commercial Laws · PYQS · June 2015
Arun bequeaths certain property to Varun requesting him to distribute it amongst such members of Chandan's family as Varun 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: Certainty in the object of the trust : Certainty in the subject-matter of the trust: If the trust instrument is lacking in first and third certainties, no trust is created but if the second certainty is absent, resulting trust will be created in favour of the author of the trust. In the present case, Arun bequeaths certain property to Varun, requesting him to distribute it amongst such members of Chandan 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
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