G.S.Suresh Kumar vs G.R.Srikantappa on 19 April, 2018
IN THE COURT
M/S Emaar Mgf Land Limited vs Aftab Singh on 10 December, 2018
Equivalent citations
dated 13 October 2011
has clearly stated that the he was a settlor of a trust outside
India which he had created for the benefit ... beneficiaries of the trust, cannot be sustained as an
income in the hands of the Appellant, who in facts is the
settlor of the trust
declaration of trust which is binding on
settlor, (2) setting apart definite property and the settlor depriving
himself of the ownership thereof ... held, i.e. the beneficiaries.
35.It is essential that the transferor of the property viz the settlor
or the author of the trust must
same. The fact that the Wakif had mentioned that the beneficiaries cannot create any kind of encumbrance on the property clearly indicates that ... waqf is irrevocable after possession is given to the beneficiaries or the Mutawalli. The settlor divests himself of the ownership of the property
properties mentioned in the
schedule were to be taken possession by the beneficiary i.e., defendant
No.1 herein and, thereafter to enjoy as absolute ... that right in praesenti was transferred in favour of the
beneficiary by the settlor which finding runs completely contra to
what has been mentioned
retransfer of income or assets of the settlement to the settlor
or gives the settlor a right to resume power directly or indirectly over such ... instance of any person
either settlor, trustee, transferee or the beneficiaries. Provisions of Sec.61 of the
Act do not contemplate a power of revocation
discretionary trust or charitable trust
Beneficiary in case of a specific trust
Author or settlor in case of a revocable trust
General Partner, Investment Manager
declaration of trust which is binding on
settlor, (2) setting apart definite property and the settlor depriving
himself of the ownership thereof ... held, i.e. the beneficiaries.
35.It is essential that the transferor of the property viz the settlor
or the author of the trust must
executed then the settlor has no right to revoke
except under certain conditions. The lower appellate court
therefore held that the settlor had no legal ... where the property is to devolve on the
beneficiary after the death of one of settlors, such a
settlement may be construed as an irrevocable