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Showing contexts for: charitable trust objects in Seth Soorajmul Jalan Trust vs Tolaram Jalan & Ors on 1 September, 2015Matching Fragments
"13. There are four divisions of charity:-
Charitable purposes, in the legal sense, derived from the ancient statute of Elizabeth 1, have been classified into four principal divisions:-
1) the relief of poverty
2) the advancement of education
3) the advancement of religion
4) other purposes beneficial to the community not falling under
any of the preceding heads.
All claims to bring a purpose under the head of charity must assert that it comes within one or more of these four divisions. Where a trust is described merely as being for charitable purposes, and a class of objects to be benefited is defined, the purposes of the trust cannot be taken to be confined to that particular charitable purpose which would render a trust for that class valid as a charity, but rather the purposes must be construed as being all the four traditional categories of charitable objects, and the trust must be interpreted in the light of the application of all four categories to the class of objects to be benefited."
Although the settlor by the deed restricts the line of succession and confined it to his families but having regard to the object and purpose of the Trust and having regard to the fact that other branches are unwilling and have absented themselves for long in attending meetings and participating in the functioning of the trust if the answer to questions B and C are not allowed in the affirmative the trust would fail which was never the intention of the settlor.
It may be true that the settler had never intended to have any trustee appointed apart from the three groups as mentioned in Clause 3. However, in view of the changed circumstances and keeping in view the beneficial and charitable object of the trust Clause 3(c) as proposed would enable the trustees to implement the object of the trust.