Under Section 6 of the Indian Trusts Act, 1882, Mr. P

Solution

Explanation: Section 6 of the Indian Trusts Act explicitly provides: "a trust is created when the author of the trust indicates with reasonable certainty by any words or acts (a) an intention on his part to create thereby a trust, (b) the purpose of the trust, (c) the beneficiary, and (d) the trust-property, and (unless the trust is declared by will or the author of the trust is himself to be the trustee) transfers the trust-property to the trustee." All four elements must be satisfied with reasonable certainty. The question's trust fails on element (c): "such members of my grandchildren as Q sees fit" does NOT identify beneficiaries with reasonable certainty. The phrase "such members...as Q sees fit" grants the trustee complete discretion but does not define the class of beneficiaries with sufficient clarity. Courts distinguish between: (i) fixed trusts (beneficiaries and shares specified); (ii) discretionary trusts (beneficiaries specified as a class, trustee discretion on distribution quantum/timing); and (iii) invalid trusts (beneficiaries not ascertainable as a class). Here, if the phrase means "all grandchildren," that is ascertainable. But "such members...as Q sees fit" suggests selection from an undefined pool. Additionally, mixing community scholarships with family welfare creates ambiguity about the beneficiary class. Section 6 illustration (c) provides: "A bequeaths certain property to B, requesting him to distribute it amongst such members of C's family as B should think most deserving. This does not create a trust, for the beneficiaries are not indicated with reasonable certainty." This directly parallels the question's scenario. Thus, option (B) correctly applies Section 6's four certainties requirement.