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Showing contexts for: revocable trust in R.P. Kapur And Anr. vs Kaushalya Educational Trust on 21 January, 1982Matching Fragments
(16) Thirdly, the beneficiaries have not consented to the change. Assuming that Sheila Kapur, Vivek Kapur and Ashok Kapur have assented but what about the children of the sons and daughters. Some of them arc minors. Without the permission of the district Judge nothing can be dene. Under Section 11 of the Act the purpose of the trust can be modified by the consent of all the beneficiaries competent to contract. And where a beneficiary is incompetent to contract, his consent is given by the Court of the district judge. Under Section 78 of the Act where all the beneficiaries are competent to contract they can, by their consent, revoke a trust. Admittedly 9 grand children of the settlor have not given their consent either to the modification or revocation of the trust. The two daughters of Shrimati Sheila Kapur arc adult beneficiaries. There is nothing to show that they have consented. Then there are the unborn beneficiaries. A whole line of descendants arc the recipients of benefit under Kaushalya Trust. The afterborn beneficiaries cannot be deprived of the benefit the propositus intended to confer on them.