Question

Under Section 6 of the Indian Trusts Act, 1882, Mr. P executes a trust deed: "I transfer ₹50 lakhs to Mr. Q as trustee. Q shall invest the funds and apply the income for the education and welfare of such members of my grandchildren as Q in his discretion sees fit, including awarding scholarships to deserving students from the community." No specific beneficiaries are named, and no quantified shares are defined. Which of the following correctly determines the validity of this trust under Section 6?

A The trust is valid because Section 6 only requires that a trust author indicate intention; the other details can be determined by the trustee later
B The trust is invalid because Section 6 requires that the author indicate with reasonable certainty: (i) intention to create a trust; (ii) purpose of the trust; (iii) the beneficiary; and (iv) the trust property; here, "such members of grandchildren as Q sees fit" fails to identify beneficiaries with reasonable certainty
C The trust is valid as a discretionary trust where the trustee has absolute power to determine beneficiaries; certainty of beneficiaries is not required for discretionary trusts
D The trust is valid but only for the education component; the "welfare" component is void for uncertainty
E The trust is invalid because charitable purposes (scholarships to community members) cannot be mixed with family purposes under Section 6
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