being looked properly and not in
the interest of the beneficiaries, the settlor or relative of a settlor cannot
even file any application under section ... Barfiwala i.e. (son of the
daughter of the said settlor). The said settlor had executed a Will dated
24th January, 2017 in the name
trust property
was vested in the trustees by the settlor for the intended
beneficiaries and which included the grandsons and great
grandsons of the settlor ... could choose any of the beneficiaries by excluding
the son of Harnamsingh. We do not find that the settlor, the said
Parvatibai had vested
when the
Trusts Act, 1882 exhaustively deals with the trust,
trustees and beneficiaries and provides for adequate
and sufficient remedies to all aggrieved persons ... obligation and further specifies the
rights and duties of the settlor, trustees and the
beneficiaries apart from several conditions specified in
21
the trust deed
praesenti. Though, the beneficiaries
were to become absolute owners of their respective shares after
the death of the settlor, the language of the document clearly ... enjoy the property along with the
settlor during his lifetime and after his death, each of the
beneficiaries was to get a specified share
case in which the
assessee before us was only a beneficiary and not the settlor. So far as the beneficiary is
concerned, once the source ... beneficiary is explained, taxation could
possibly be confined only to the income component, and but that would not essentially hold
good for the settlor
management of the Trust including
the disputes arising inter se trustees,
beneficiaries in relation to their appointment,
powers, duties, obligations, removal, etc. are
capable ... obligation and further specifies the
rights and duties of the settlor,
trustees and the beneficiaries apart
18/34
http://www.judis
trustee for the
beneficiary. Conceptually, to constitute a trust there
must be an author of the trust, trustees, beneficiary,
http://www.judis ... property and beneficial interest. It involves four
ingredients; a settlor, donor, a trustee or trustees,
beneficiaries and the subject matter of the ''trust
duties to deal with it for the
benefit of another.
ii) A beneficiary to whom the trustee ownes equitable
duties to deal with its trust ... property and beneficial interest. It involves four
ingredients; a settlor, donor, a trustee or trustees,
beneficiaries and the subject matter of the ''trust
much to the
exclusion of the Petitioner and the other beneficiaries for
whom the Settlor being the deceased father had
promulgated the said Trust ... said Trust and have] the
Petitioner is deprived the as beneficiaries beneficiary of the
legitimate income and profits arising there from. The
Respondents
property is both preposterous
and untenable. Although it is true that the beneficiaries of the Wakf
cannot claim any title in the Wakf property ... necessarily o
be used for the benefit of the beneficiaries. For achieving this objective,
the settlor of the Wakf-alal-aulad was conscious enough
