creating a trust by a testamentary
instrument as Section 5 of the Indian Trust Act, 1982 contemplates that
a trust can be created ... Settlement has created a trust and
the properties are trust properties. There cannot be a partition of trust
properties. Even if this argument is accepted
trust.
d) Whether the Board of Trustees of the trust should consist of
minimum three trustees for lawful functioning and
administration of the said trust ... dated 28th May, 1960, one Ram
Gopal Saharia as the Settlor had created a trust whereby he and his son
Rameshwar Lal Saharia
some questions relating to the
original deed of trust and the supplementary deed of trust.
Om Prakash during the pendency of this proceeding died ... indenture of Trust stood superceded by Clause 4 of the modified
Deed of Trust dated 1st May, 1961. As stated above, the Settlor amended
seba puja and other objects of the said trust being the first
trustees thereof.
The settlor, namely, Akshoy Kumar Nandy died on 20th September ... issues aforesaid?
It is no more res integra that the settlor while creating a trust cannot create a line
of succession to the office
functions as regards management and administration of
Nahar family trust as mentioned in the trust would be carried out in order to tide
over ... Ratan Singh Nahar is in-charge of the trust. On a reading of the deed of
trust, it prima facie, appears that the senior most
functions as regards
management and administration of Nahar family trust as mentioned
in the trust would be carried out in order to tide over ... Ratan Singh Nahar is in-charge of the trust. On a
reading of the deed of trust, it prima facie, appears that the
senior most
petitioners submits that the trust deed
was executed after the death of the first wife of the settlor. However ... trust deed, there are few clauses which show that at the time of
creation of the trust, the first wife of the settlor was both
Ramfry, J. had jurisdiction
to pass certain orders either under the Indian Trust Act, 1882 or under
the Official Trustees Act, 1913 or under ... seen earlier,
was to Permit the settlor to revoke particular clauses in the Trust deed
and to authorise him to alter the quantum of interest
smooth running, administration and
fulfilling the object of the trust.
Although the settlor by the deed restricts the line of succession
and confined ... allowed in the affirmative the trust would fail
which was never the intention of the settlor.
It may be true that the settler had never
this proceeding.
It is no more res integra that the settlor while creating a
trust cannot create a line of succession to the office