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Report No. 17

15. Sections 5 and 6.-

To avoid uncertainty in the language of the sections, and to state clearly the requirements for the creation of a valid trust by Will or non-testamentary instrument when the subject-matter of the trust is moveable or immoveable property or when the trustee is the author of the trust or a stranger, it is better to re-arrange the two sections, sections 5 and 6, and re-draft the clauses.

16. While section 5 states that a valid trust in relation to moveable property could be created by a declaration as aforesaid, meaning thereby by an instrument in writing, signed and registered, section 6 seems to require that even in such a case there should be a transfer of trust property to the trustee. This difficulty was noticed in some of the decisions1 and may be obviated by the proposed rearrangement of the clauses of the sections.

1. See Allahabad Bank Ltd. v. Commissioner of Income-Tax, ITR (1952) 169.

Trusts Act, 1882 Back

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