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Showing contexts for: settlor beneficiary same in (Dhirendra Nath Chandra Since ... vs Kakali Dasgupta & Ors. Lrs Of on 30 September, 2024Matching Fragments
The The Trustees The Primary Contingent
Settlor Beneficiaries Beneficiary
Prafulla FIRST TRUSTEE- i. The Settlor Rabindra Nath of
Chandra Settlor: Prafulla ii. Uma Rani what would remain
Dutta (Wife) of the Estate after
JOINT TRUSTEES iii.Rabindra fulfillment of the
AFTER PRAFULLA'S Nath (Younger objects of the
DEMISE- Son) Trusts and the
Uma Rani and iv. (Daughters) interest of the
Rabindra Nath. Roma Rani, primary
In case any of the Rina Rani, and, beneficiaries.
two die during the Dipa Rani (to If Randindra Nath
lifetime of the the extent the dies then Jitendra
settlor, the expenses of Nath would get
survivor would their education, whatever remains
become and marriage and of the Trust
continue to act as well being). properties.
Trustee.
9. I have divested myself, reserving all right to transfer any property in any other way at the cost of cancellation are required by the deed.
10. The heirs shall not be able to raise any kind of objection to the integrity or reasonableness of this document.
11. Whatever meaning I or my successor trustees may have regarding the construction of this family Settlement shall be final."
29. Clearly therefore the plaintiff, Jitendra Nath was neither a Trustee nor the first beneficiary of the family Trust. The intention of the settlor is clear from the statement made by him in the deed of 1961 as follows:-
34. It follows from the above that regardless of the claims and assertions of the heirs of the settlor or testator, the persons made beneficiaries under a family arrangement would be entitled to thwart every attempt to unsettle the arrangement. Courts are to interpret the terms of a family arrangement to ensure peace amongst the family members and give effect to its objects. The principles of special equity must be applied to interpret and enforce family arrangements. Courts are required to take a liberal approach in giving effect to mandates under family arrangements.
64. The finding of the Trial judge that Uma Rani could not demonstrate that she had contributed to the acquisition of the Trust property, is not only baseless but also not germane to the main issues in the suit. In the Trust deed of 1961 itself the settlor, Prafulla, husband of the beneficiary sole trustee has stated that his wife contributed to the purchase of the Trust properties from her Stridhan. Both sides have relied upon the said document. These findings of the Trial Court and unnecessary discussion on and requirements of producing purchase receipts of the said Stridhan indicate a complete digression from the main issues at hand. IX. THE ROLE OF THE SON-IN-LAW DHIRENDRA NATH CHANDRA