Write short notes on the following: (iv) Public Vs. Private Trusts.
CS Professional · Advanced Company Law and Practice · PYQS · June 2019
Write short notes on the following: (iv) Public Vs. Private Trusts.
Answer & Explanation:
Public trust is constituted for the benefit of public at large or some portion of it having a particular description. They are of a permanent and indefinite character and not confined to any limits prescribed in a settlement. The criterion for deciding whether a particular trust is or is not of private nature, is whether the said trust is or is not for the benefit of individuals. Where the intention of the founder, as shown by the recitals in his will was that property was to be dedicated for the benefit of idols, the trust is undoubtedly of a public nature and not for the benefit of individual members of his family. The essential difference between a private and public trust is that in the former, the beneficiaries are definite and ascertained individuals or individuals who within the defined time can be definitely ascertained, but in the latter, the beneficial interest may be vested in an uncertain and fluctuating body of persons either the public at large or some considerable portion of it having a particular description. A public-cum-private trust is one in which a religious trust is created for the immovable property like a temple in the nature of a public trust but there is a direction for use of income through offerings for public purposes and also a part thereof to persons in charge of the temple. A public cum private trust may become a fully public trust when the private beneficiaries renounce their rights to which they are entitled.
Topics: Trust Law
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