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Showing contexts for: void trust in Balkishan Dass vs Parmeshri Dass Deceased Substituted By ... on 1 October, 1962Matching Fragments
As held by a Division Bench of the Bombay High Court of Chief Justice Beaumont and Kania J. in Fazlhussein Sharafally v. Mahomedally Abdu-lally, AIR 1943 Bom 366.
"A trustee, who enters into possession of property ostensibly on trusts subsequently ascertained to be void cannot however retain the property for himself when the claim of the settlor and his heirs has become statute-barred. A trustee is not entitled when asked to account by his beneficiaries to challenge the trust under which he holds until he has obtained a proper discharge from the trust with which he has clothed himself."