described as beneficiaries.
Originally, seven beneficiaries were indicated and those seven were the immediate
relatives of the settlor at the time of creation ... benefit under the trust upon the death
of the settlor included the widow of the settlor's predeceased son and the granddaughter
through
settlor survived the
other beneficiaries; if the other beneficiaries died before a certain date
(presumably since one of the grandson beneficiaries would then have still ... other than the settlor or upon the death of the
settlor in the event the settlor survived the four other beneficiaries, the trust
estate would
settlor upon the expiry of the settlor and his widow
and upon the four children of the settlor as beneficiaries attaining
majority.
Of the four
defendant no.3.
The Court : The suit is by a beneficiary seeking removal of the
trustees of a private trust and for incidental reliefs including ... trust by the lessee as settlor thereof. The first defendant claims
that upon the beneficiaries being made aware that the Government of Uttar
Pradesh would
deed of October 7, 1929 executed by
settlor Motilal Deora provides as follows as regards the beneficiaries:
"...for the use and benefit ... died, in terms of the deed, the sole
beneficiary thereafter was the only son of the settlor, Om Prakash Deora who
had been adopted some
settlor. The settlor became one of the initial
trustees and thereafter one of the trustees has to be a descendant of the
settlor ... funds is restricted to either named beneficiaries or
indentifiable beneficiaries from the settlor's family.
As to whether the trust is a private trust
such document to vest in one or
more of the possible beneficiaries indicated therein. The paramount object
of the deed is to vest the property ... which is the subject-matter thereof in the
progeny of the settlor. As to who among those bearing the blood of the
settlor would
ruinous litigation.
The trust is undoubtedly for charitable purpose and the
beneficiaries thereunder are the less fortunate followers of a particular
religion. According ... where the plaintiff can demonstrate a right, say as a
beneficiary of the trust. If such argument were to be accepted it would
imply that
questions arise in this
originating summons suit are as follows:-
i. The settlor was desirous of making provision for his three minor children ... also for the benefit of the fourth child.
iii. All the four beneficiaries have attained majority and it is evident from
the deed that
Govinda Prasad Ladia And Others vs Wbhidc Limited And Others on 13 May, 2015
Author
