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Report No. 57

3.13. Indian law different.-

Where the purchase is in the name of a relation, the Indian law is the reverse of the English law. The provision in the Trust Act1 as to resulting trusts continues to operate, and is not displaced2 by a presumption of advancement as in England.3

The English presumption of advancement has not been applied in India on the ground that it is a rule of positive English law and not founded on natural justice.4-5

Of course, evidence of intention could still be given to turn the scales,6 and it appears that very little evidence might suffice to turn the scale. But the i`nitial presumption is as stated above.

1. Section 82, Trusts Act.

2. Guran Ditto v. Ram Ditto, (1928) 32 CWN 871: AIR 1928 PC 172.

3. Paras. 3.6 to 3.12, supra.

4. Gopeekrit v. Gunga Prasad, (1854) 6 Moore's Indian Appeals 53.

5. See also para. 1.12, supra.

6. Mohammad Sidiq v. Fakhar Phan, (1931) 59 IA 1 (15-16): 36 CWN 137 (146) (PC).

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