Act Number: 2

Act Name: The Indian Trust Act, 1882

Year: 1882

Enactment Date: 1882-01-13

Long Title: An Act to define and amend the law relating to Private Trusts and Trustees.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 6: Creation of trust.
    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 (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.
     Illustrations
     (a) A bequeaths certain property to B, having the fullest confidence that he will dispose of it for the benefit of C. This creates a trust so far as regards A and C.
     (b) A bequeaths certain property to B, "hoping he will continue it in the family". This does not create a trust, as the beneficiary is not indicated with reasonable certainty.
     (c) A bequeaths certain property to B, requesting him to distribute it amongst such members of C's family as B should think most deserving. This does not create a trust, for the beneficiaries are not indicated with reasonable certainty.
     (d) A bequeaths certain property to B, desiring him to divide the bulk of it among C's children. This does not create a trust, for the trust-property is not indicated with sufficient certainty.
     (e) A bequeaths a shop and stock-in-trade to B, on condition that he pays As debts and a legacy to C. This is a condition, not a trust for As creditors and C.
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