Question

Under Section 5 of the Indian Trusts Act, 1882, Mr. X orally declares to his nephew, Mr. Y, that he holds certain agricultural land "in trust for Y's education until Y completes his degree, after which the land reverts to
X." The declaration is made in the presence of witnesses. Subsequently, X transfers possession of the agricultural land to Y. Years later, a dispute arises regarding the validity of this trust. Which of the following correctly applies Section 5?

A The trust is valid because the oral declaration coupled with possession transfer satisfies the requirements of creating a trust in immovable property
B The trust is invalid because Section 5 mandates that no trust in relation to immovable property is valid unless declared by a non-testamentary instrument in writing signed by the author of the trust or the trustee and registered, or by will; oral declarations are insufficient regardless of witnesses or possession transfer
C The trust is valid only if Y can prove that the oral declaration constituted an "accepted confidence" within the meaning of Section
D The trust is valid because the presence of witnesses to the oral declaration provides statutory compliance with Section 5
E The trust becomes valid once the possession is transferred, even though the declaration was oral, because possession itself constitutes a "declaration" under Section 5
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