following Section 50-A of the BPTA which deals with the dissolution of trust, FDCB property cannot be vested with CNI. Thus, the learned Civil ... cannot be treated or cannot be given effect to the dissolution of the trust without taking any steps in accordance with the provisions
transfer or creation of trust shall be null and void.
31. Sub-section (4) of Section 7 indicates that any dissolution of
marriage ... enter
into disputed question of fact touching alienation or creation of trust,
dissolution of marriage, claim of adoption to see whether such a
dissolution
transfer or creation of trust shall be null and void.
31. Sub-section (4) of Section 7 indicates that any dissolution of
marriage ... enter
into disputed question of fact touching alienation or creation of trust,
dissolution of marriage, claim of adoption to see whether such a
dissolution
Trust Deed since the absence of such clause in
the Trust Deed takes away the charitable nature of the
trust.
2. Whether on the facts ... certified copy of the
Deed of Trust. Further stating that the Trust is a public charitable
trust, the immovable property has been set apart
INHERENT AND GENERAL JURISDICTION
TRUST PETITION (L) NO. 26498 OF 2022
In the matter of the Trust created under Indian
Trust ... Mamubai Trust' also known as 'Bai Mamubai Bhimji Bhanji Trust'
("the said Trust") inter alia praying for dissolution
trust. The Appellate Court has proceeded
on the premise that there is nothing in the cross examination about
trust property or dissolution of the trust ... Trust
Deed and in particular the said Indenture by which the suit property
had been purchased by the Trust and only after dissolution
trust registered under the Madhya Pradesh
Public Trust Act. It is a religious-trust established for various objects set out
in the registered Trust-Deed ... 2020
Mahavir Kund Kund Kahan Trust
(i) Trust-deed does not contain any Investment Clause, Dissolution
Clause, Amendment Clause, Utilization Clause, Beneficiary Clause.
(ii) Objects
2017 and called for the supporting documents of trust
deed, dissolution deed, copy of will and cost of acquisition details ... 2017 and called for the
supporting documents of trust deed, dissolution deed, copy of Will and
cost of acquisition details. However, the appellant could
until the clause of
dissolution of the Trust is incorporated in the Trust Deed, the Trust
cannot be registered.
5. The statute takes care ... properties remain on the date of
dissolution transferred. The absence of the clause of dissolution in ,
the Trust Deed would be in no manner
clauses in the Trust Deed. He further explained
that the appellant-trust by way of amendment registered on
27.10.2021 has included dissolution and irrevocable
clauses ... Trust Deed does not satisfies that in
the event of dissolution how the Trust fund would be
utilized. The Ld. D.R. has not disputed
