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CS Professional · CSR and Social Governance · Societies and Trusts

Sanjay conveys a plot in Pune to Meera "upon trust" but never declares what the trust is for, and no later declaration is made. Under the Indian Trusts Act, 1882, how must Meera hold the plot?

Meera holds the plot for Sanjay or his legal representative. Under Section 83 of the Indian Trusts Act, 1882, a trust that is incapable of execution, such as one never declared, leaves the property with the trustee for the benefit of the author of the trust.

  1. AFor the benefit of Sanjay or his legal representativeCorrect
  2. BFor her own benefit as the transferee
  3. CFor the benefit of the local municipal body
  4. DFor any charitable purpose she chooses

Explanation

Section 83 provides that where a trust is incapable of execution, the trustee holds the property for the author of the trust or his legal representative. A conveyance upon trust with no trust declared is an illustrated case. Meera therefore cannot keep it or choose a charity.

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