Learning Outcome:
Students will :
-be informed about the major divisions among the concept of trust
-learn about the basic legal conditions a trust has to fulfill under Trusts Act, 1882
Validity of contingent and conditional bequests Utkarsh Kumar
Introduction – ‘Vest’ meaning and differences
Contingent Bequests
Conditional Bequests
Validity of conditions subsequent & forfeiture of bequest – with reference to S. 134
Defeasance clause – distinguished from repugnant clause
Conclusion
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
Validity of contingent and conditional bequests Utkarsh Kumar
Introduction – ‘Vest’ meaning and differences
Contingent Bequests
Conditional Bequests
Validity of conditions subsequent & forfeiture of bequest – with reference to S. 134
Defeasance clause – distinguished from repugnant clause
Conclusion
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
Principles of Trust: Beneficiaries and TrusteesPreeti Sikder
Learning outcome:
Students will
- learn about the reason why trustees take up trusts
- be informed about rights of beneficiaries
- be informed about the nature of duties that trustees carry out
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
Principles of Trust: Beneficiaries and TrusteesPreeti Sikder
Learning outcome:
Students will
- learn about the reason why trustees take up trusts
- be informed about rights of beneficiaries
- be informed about the nature of duties that trustees carry out
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
AIS 2102 Legal Framework of Trade UnionismPreeti Sikder
Learning Outcome: After completion of this lesson, students will be able to -
a) define workers and trade unions;
b) identify the statutory and constitutional framework of trade unions in Bangladesh,
c) identify unfair labour practices on part of employers and workers
Restrictions on Articles and Activities Injurious to Environment: Polythene BanPreeti Sikder
Lesson Outcome: Learning Objective: After completing this lesson, students will
a) be acquainted with the relevant legal provisions existing in Bangladesh relating to plastic pollution
b) be able to critically analyse the steps taken by Bangladeshi Government in imposing absolute ban on polythene
Core Elements of Environmental Rule of LawPreeti Sikder
Lesson Outcome: After completion of this lesson, students will be able to -
a) dissect own opinions about implementation techniques of environmental laws;
b) identify the core elements of environmental rule of law
Introduction to Environmental Rule of LawPreeti Sikder
Lesson Outcomes: After completion of this lesson students will be able to -
a) Define environmental rule of law
b) Define environmental governance
c) Distinguish between environmental rule of law and environmental governance
Laws and Policies on Climate Change in BD: BCCSAPPreeti Sikder
After completion of this lesson, students will be able to -
a) understand the adaptation and mitigation measures taken by Bangladesh government;
b) describe the six pillars of BCCSAP
AIS 2102 Examples of Negotiable InstrumentsPreeti Sikder
Learning Outcome: After completion of this lesson students will be able to -
a) define promissory notes;
b) define bills of exchange;
c) define cheques;
d) distinguish between promissory notes and cheques.
AIS 2102 Introduction to Negotiable InstrumentsPreeti Sikder
Learning Outcome: After completion of this lesson, the students will be able to -
a) define negotiable instruments
b) describe the characteristics of negotiable instruments under the Negotiable Instruments Act, 1881
Learning Outcome:
After completion of the lesson students will be able to -
a) comprehend the nature of misrepresentation in contracts
b) distinguish between representation and promise
c) describe the elements of misrepresentation
d) describe the elements of fraud
e) distinguish between misrepresentation and fraud
Learning Outcome: After completion of this lesson, students will be able to -
1) identify and distinguish between conditions and warranties
2) learn about implied conditions and implied warranties available under Sale of Goods Act
3) determine when ownership of a property passes during a sale
Learning Outcome: After completion of this lesson students will be able to-
a) differentiate between sale and agreement to sell
b) define contract for sale of goods
c) define goods
Vitiating Elements in Formation of Contract: Coercion, Fraud and Undue Influe...Preeti Sikder
After completion of this lesson students will be able to:
- define free consent and identify elements of coercion
- define fraud and identify its elements
- define undue influence and identify its elements
Protection of Biodiversity in Bangladesh: ForestsPreeti Sikder
Learning Objectives: After completing this lesson students will be
a) informed about the basic forest management system in Bangladesh
b) informed about the categories of forests in Bangladesh
c) learn about the points of improvement that can be considered in relation to the Forests Act, 1927
Protection of Biodiversity in Bangladesh: ECAPreeti Sikder
Learning Outcome: After completion of this lesson students will -
a) learn about the concept of Ecologically Critical Areas,
b) be informed about the legal requirements in protecting the ECAs
c) be informed about judicial activism relating to ECAs in Bangladesh
After completion of this lesson students will be able to:
a) define offer
b) distinguish between offer and invitation to treat
c) explain how a proposal is revoked
World Without Law Professors: Legal Research and EducationPreeti Sikder
Learning Outcome: After completion of this lesson, students will be able to -
a) comprehend the necessity of academic legal research
b) identify deep legal research and interdisciplinary legal research
Acceptance in Contract and its CommunicationPreeti Sikder
Learning Outcome: After completion of this lesson students will be able to -
a) define acceptance
b) understand and explain the methods of communication of acceptance
c) illustrate the legal provisions relating to communication and revocation of acceptance
World Without Law Professors: Legal TrainingPreeti Sikder
Learning Outcome: After completion of this lesson, students will be able to-
a) identify the basic pattern of legal education in both civil and common law countries;
b) describe the counter models presented to address lacunae of legal education
c) understand the benefits of clinical lawyer school
Restrictions on Articles and Activities Injurious to Environment: Plastic pol...Preeti Sikder
Learning Objective: After completing this lesson, students will
a) be acquainted with the relevant legal provisions existing in Bangladesh relating to plastic pollution
b) be able to critically analyse the steps taken by Bangladeshi Government in imposing absolute ban on polythene
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
2. Relevant portions of The
Trusts Act, 1882 for this
course
1. Creation of Trusts
2. Classification of Trusts
3. Rights of Beneficiaries and
Trustees
4. Duties of Trustees and
Beneficiaries
3. Joseph Story - Associate Justice of the
Supreme Court of the United States
4. Classification of Equitable
Rights
Equities to protect confidences, i.e.
Trust
Equities to prevent oppression, i.e.
issues relating to mortgage and liens,
protection of infants, lunatics.
Equities to promote fair dealings, i.e.
protection from fraud and undue
influence, Accident, Set off.
5. Protection of Confidence
A transfers his property to B for the ‘use’
of and in trust for X.
A = owner/settlor
B = trustee
X = beneficiary
6. Why would anyone want to set up
trusts in modern era?
To provide for loved ones in a way one cannot
do, or it would be unwise to do, simply by
transferring legal title.
A minor can not become a legal owner,
therefore if someone wants the minor to have
any land, it must be held on trust by someone
else.
One may be worried that his son is a
spendthrift, and so give money for his
expenses to a trustee to dispense.
8. According to the Nature of the
duties of the trustees
Simple Trust Special Trust
Property is vested in one
person upon trust for
another.
Nature of the trust is not
prescribed by the author.
Beneficiary has the right
to the possession, control
and disposal of property.
Also called ‘bare trust’ as
trustee has no duty to
perform
The author points out
the purpose of trust
clearly.
Can be divided into:
a) Ministerial: ordinary
trust where trustee has
mechanical duties
b) Discretionary: trustee
has to exercise greater
element of judgment and
9. According to their Objects
Private
Trust
Public or
Charitable
Confers the benefit
of the trust on
certain persons or
class of persons.
For the benefit of
the public at large or
some considerable
portion of the public
answering a
particular
description
10. According to their Mode of
Creation
1. Express or Declared Trusts
2. Implied or Presumed Trusts
3. Constructive Trusts
11. According to their Mode of
Creation
4. Resulting Trusts
5. Precatory Trusts
6. Secret Trusts
12. A trust clearly expressed or declared by
the author thereof, verbally or in writing.
Can be further classified as:
a. Executed trust – A trust is said to
be ‘executed’ when there is nothing left to
be done in order to constitute it, the trust
being fully declared by the instrument
creating it.
13. b. Executory trust – A trust is
executory when something remains to
be done in order to complete it.
If the service has been imperfectly
created at the outset, and the creator
of the trust has merely devoted his
ultimate object imposing on the
trustee or on the court the duty of
effectuating it in the most convenient
14. A trust which is not so clearly expressed
but is indirectly gathered from the
settlor’s “presumable intention”.
It arises where property is not held by a
person subject to any declared trust but
vested in him under such circumstances
that the court is held to presume that the
property so vested is intended to be
held in trust for his own benefit or for
benefit of another.
15. 3. Constructive Trust
A trust not created by words or
circumstances importing an intention to
create a trust, but is imposed by Courts
of Equity in order to prevent the
inequitable acquisition of another’s
property.
It arises in case of an unconscionable
advantage gained by a fiduciary or by
any other person.
16. Resulting Trust
The beneficial interest in the property
‘results’ or comes back to the person
who transferred the property to the
trustee, or provided the means for
obtaining it.
A trust arising or resulting, in favour of
either of the person who creates it, or
his representatives.
A species of implied trust.
17. Resulting Trust
This trust arises in the following
three ways–
a) Where a purchase is made in
another’s name or a transfer is
made without consideration.
b) Where the beneficial interest has
been disposed of either wholly or
partially
c) Where the trusts declared are
illegal.
18. Precatory Trust
A trust declared and created not by
express words, but by precatory words.
No technical words are required to
constitute such trust.
Where a trust appears to be intended,
but words of recommendation or
entreaty are used, it’s called precatory
trust.
19. Secret Trust
This trust arises only in cases of transfer
by will, when at the time of writing the
will, the testator does not declare his
intention to create trust, but he discloses
his intention after writing the will.
A trust not disclosed on the face of the
will.
20. Secret Trust
A secret trust is created when property
is given to a person either absolutely or
upon an indefinite trust, but there has
been an understanding given by him or
an understanding between him and the
donor, that it shall be applied for the
benefit of some other person or object.
21. Section 3: Trusts Act,
1882
A trust is an obligation annexed to
the ownership of property, and
arising out of a confidence reposed
in and accepted by the owner, or
declared and accepted by him, for
the benefit of another, or of another
and the owner
22. Legal Definition of Trust
This definition covers only a specific field in the
concept of trusts, which is private express
trusts..
Firstly, it emphasises upon obligation, laying
down that a trust is an obligation annexed to the
ownership of property for the benefit of another.
There is no trust where such obligation is
absent.
Secondly, the beneficiary has no interest in the
trust property but has only a right against the
trustee who is the owner of the property
Lastly, the settlor himself can be a trustee.
23. Four Certainties of Trust
1 • Certainty of Intention
2 • Certainty of Purpose
3 • Certainty of Property
4 • Certainty of Beneficiaries
24. Creation of Trusts
Parties to a Trust (Section 3)
the person who reposes or declares
the confidence is called the author of
the trust:
the person who accepts the
confidence is called the trustee:
the person for whose benefit the
confidence is accepted is called the
beneficiary:
25. Creation of Trusts
Who may create Trust (Section 7)
A trust may be created-
(a) by every person competent to
contract, and,
(b) with the permission of a principal Civil
Court of original jurisdiction, by or on
behalf of a minor
26. Creation of Trusts
Who may be beneficiary (Section
9)
Every person capable of holding
property may be a beneficiary.
27. Creation of Trusts
Who may be Trustee (Section 10 )
Every person capable of holding
property may be a trustee; but,
where the trust involves the
exercise of discretion, he cannot
execute it unless he is competent to
contract.
28. Creation of Trusts
Right to proper trustees (Section 60)
The beneficiary has a right (subject to the provisions
of the instrument of trust) that the trust property shall
be properly protected and held and administered by
proper persons and by a proper number of such
persons.
Explanation I - The following are not proper persons
within the meaning of this section:-
A person domiciled abroad:
an alien enemy:
a person having an interest inconsistent with that of the
beneficiary:
a person in insolvent circumstances; and,
unless the personal law of the beneficiary allows
otherwise, a married woman and a minor.
29. Creation of Trusts
When is a Trust Created (Section 6)
Subject to the provisions of section 5, a trust is
created when the author of the trust indicates with
reasonable certainty by any words or acts
(a) an intention on his part to create thereby a trust,
(b) the purpose of the trust,
(c) the beneficiary, and
(d) the trust-property, and
(e) (unless the trust is declared by will or the author
of the trust is himself to be the trustee) transfers
the trust property to the trustee.
30. Who are competent to contract?
Section 11 of Contract Act, 1872
Every person is competent to contract who is of
the age of majority according to the law to which
he is subject, and who is of sound mind, and is
not disqualified from contracting by any law to
which he is subject.
31. Sui Juris
Section 11 of Contract Act, 1872
Every person is competent to contract who is of
the age of majority according to the law to which
he is subject, and who is of sound mind, and is
not disqualified from contracting by any law to
which he is subject.
32. Majority Act, 1985
Every other person domiciled in
Bangladesh shall be deemed to have
attained his majority when he shall have
completed his age of eighteen years and
not before
33. Important to remember
Beneficiary has no estate or interest
in the subject matter of the trust. He
has only right to proceed against the
trustee