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Report No. 17

6. Formalities for creation of trust.-

(1) No trust in relation to any property shall be valid unless created in the manner hereinafter provided in this section-

(2) A trust may be declared-

(a) by a non-testamentary instrument in writing signed by the author of the trust or the trustee and registered; or

[Cf. existing section 5, 1st para., first 24 words and 2"d para., earlier half]

(b) by the Will of the author of the trust or of the trustee.

[Cf. existing section 5, 1st para., last 14 words and 2nd para., earlier half]

(3) A trust in relation to movable property may also be created by transferring the ownership of the property to the trustee in any manner permitted by law.

[Cf. existing section 5, 2nd para., latter half]

(4) Except where the trust is declared by Will or the author of the trust is himself to be the trustee, the author of the trust shall in every case transfer the trust-property to the trustee.

[Cf. existing section 6, parenthesis and last 6 words]

(5) The provisions of this section do not apply where they would operate so as to effectuate a fraud".

[Cf. existing section 5, last para]

Trusts Act, 1882 Back

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