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CS Professional · CSR and Social Governance · Societies and Trusts

Kavita writes in her will: 'I bequeath my house to my brother Suresh, hoping he will continue it in the family.' Whether a trust arises depends on Section 6 of the Indian Trusts Act, 1882. What is the position?

No trust arises. A trust needs reasonable certainty of intention, purpose, beneficiary and property. Merely hoping the house will continue in the family leaves the beneficiary uncertain, so Suresh takes the house without a trust obligation. A will can declare a trust, but not on such vague words.

  1. AA trust arises because her wish for the family shows intention
  2. BA trust arises, with Suresh's children as beneficiaries
  3. CNo trust arises because the beneficiary is not indicated with reasonable certaintyCorrect
  4. DNo trust arises because a will cannot declare a trust

Explanation

Section 6 requires reasonable certainty about intention, purpose, beneficiary and trust-property. The illustration of 'hoping he will continue it in the family' says no trust is created since the beneficiary is not certain. Section 6 expressly contemplates a trust declared by will, so option D is wrong.

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