record in 2006 without recording evidence.
Hence, the Trustees being functus officio the suit would not
survive in the name of the Respondent ... years, the Trustees are functus officio and in such
event the suit does not survive as it cannot be continued in
the sole name
survive in view of the order dated 27-1-1986 passed by the Division Bench in Appeal No. 475/80. The trustees have been paid ... that amount will become redundant and will survive no longer. At any rate the trustees will not get double benefit. I am therefore, not inclined
legal
duty created by a will or for recognition as a testamentary trustee and
is a continuous right which can be exercised any time after ... death
of the deceased, as long as the right to do so survives and the object of
the trust exists or any part
supra) is therefore overruled.
14. Now, the surviving question to be answered is whether
the Trust, whose Trustee has appointed the deceased claimant
Therefore, according to Mahesh he is the sole surviving male descendant to be appointed as principal Trustee as per the Trust Deed created ... such Trust either to the extent of removing any Trustee or appointing a new Trustee vesting of any property in a Trust, accounts, scheme, further
failing him, to the other surviving heirs of Shri Pankaj Mohan. In Clause 4 it was provided that the trustee shall hold the trust property ... accumulation thereto to the beneficiary in the manner indicated therein whereupon the trustee shall stand discharged, otherwise the trust shall remain in full force
failing him, to the other surviving heirs of Shri Pankaj Mohan. In clause 4 it was provided that the trustee shall hold the trust property ... accumulation thereto to the beneficiary in the manner indicated therein whereupon the trustee shall stand discharged, otherwise the trust shall remain in full force
Imperial Bank of India, Calcutta, was constituted the trustee, and the securities were transferred to it. By virtue of a power to modify or alter ... more of them survived the settlor then from the death of the last survivor of them, the trustee would stand, possessed of the trust fund
that the right to render accounts would not survive against the legal representatives of the deceased trustee as right to demand accounts from a trustee ... right to sue should survive but not against the surviving defendants alone. Thus, if the tight to sue but not survive at all, the rule
A.Venkatesh Kumar vs The Commissioner on 28 December, 2023
Author: S.Srimathy
Bench: S
