Colony, New Delhi-
l10065, are illegal, null and void and contrary to
the terms of Trust Deed; and
f) Pass an order declaring Plaintiff ... trust. It is their submission that
these new rules are ultra vires the main trust deed and are repugnant to the
objects of the trust
debts; or if a man promises to
perform a secret trust, or a trust void for want of
writing, by the Statute of Frauds.
SCCH
trust instrument. The trust
remains a family trust."
Page 21 of 23
34. It is not in dispute that the present trust ... trust deed dated 23.10.2015 has been executed with the consent of
the beneficiaries of the trust, the said supplementary trust deed is null
and void
trust instrument. The trust
remains a family trust."
34. It is not in dispute that the present trust is a private trust as both ... trust deed dated 23.10.2015 has been executed with the consent of
the beneficiaries of the trust, the said supplementary trust deed is null
and void
Transfer of Property Act, 1882. Thus, the family trust
became null and void and inoperative in the eyes of law
being void ab initio. Therefore ... having acquired limited interest under
the trust deed became the full owner as the trust deed was
void and also by virtue of Section
verification of the Trust property i.e., both movable
and immovable properties was not done. It was stated that
the Trust Committee had 32.68 acres ... that the appointment of trustees of 1989 be
declared as void and the Trust which is made be also
declared void and the new trustees
that under Section 112 , the bequest
to the defendant No.1 Trust is void.
2. In my prima facie opinion, the said provision does
void with a further
declaration that the 1970 Trust instruments are also void. The
plaintiff has claimed benefits of pension as a contributory member
void and bad in law and secondly, the 70 Trust is
also void and bad in law. Further and other claims, relating to working
into by the trust and the purchaser is illegal and void.
iii) The applicant trust has sold the property without the prior approval ... trust property i.e. while the
property-, retains the character as the trust property and not after the
public trust is divested of that property