Question

Under Section 8 of the Indian Trusts Act, 1882, Mr. R creates a trust deed providing: "I settle my beneficial interest under my late father's trust (which is currently being administered by Trustee

  • T upon Mr. S as trustee for the benefit of my children." Mr. R's beneficial interest is an entitlement to receive distributions once the original trust administration concludes. Which of the following correctly applies Section 8 to determine the validity of R's trust?
A The trust is valid because all beneficial interests, whether legal or equitable, are transferable under Section 8
B The trust is invalid because Section 8 explicitly provides: "The subject-matter of a trust must be property transferable to the beneficiary. It must not be merely beneficial interest under a subsisting trust"; R's beneficial interest is merely an interest under his father's trust, not the underlying property
C The trust is valid only if the original trustee (T) consents to R's sub-trust arrangement
D The trust is invalid because Section 8 applies only to immovable property; beneficial interests in movable trusts are outside Section 8's scope
E The trust is valid because the principle of "successive trusts" permits creation of multiple layers of trust on the same propert
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