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INTRODUCTION
The basic idea behind the trust lies in the fact that the management and enjoyment functions of ownership are split between different persons. The role of management is vested in a person called a trustee whilst the enjoyment of the thing subject to the trust is vested in persons called beneficiaries. The fragmentation of management and enjoyment is only possible where the legal title to the property is vested in trustees. However, because the trustees have agreed to hold and manage the legal title for the benefit of beneficiaries, their conscience binds them in equity, thereby giving the beneficiaries an equitable interest in the property subject to the trust. The net effect of fragmenting management and enjoyment is that there is a consequential fragmentation of title. The trustees hold the legal title, which is a nominal title, while the beneficiary holds the equitable title full of beneficial rewards from the property. The trust in this sense can be seen as a product of equity. One leading treatise on the law of trusts defines the trust as an equitable obligation, binding on a person (who is called a trustee) to deal with property over which he has control (which is called the trust property), for the benefit of persons (who are called beneficiaries), of whom he may himself be one, and any one of who may enforce the obligation1. Any act or neglect on the part of the trustee which is not authorized or excused by the terms of the trust instrument, or by law, is called a breach of trust. 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. 2 Section 4 of the Indian Trusts Act, 1882 provides that A trust may be created for any lawful purpose.The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would defeat the provisions of any law, or (c) is fraudulent, or (d) involves or implies injury to the person or property of another, or (e) the Court regards it as immoral or opposed to public policy3. Every trust of which the purpose is unlawful is void. And where a trust is created for two purposes, of which one is lawful and the other unlawful, and the two purposes cannot be separated, the whole trust is void4. Furthermore, section 6 provides that 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,
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Underhill and Hayton, Law Relating to Trust and Trustees, 14th ed. Oxford University Press, Oxford (1987) p.3 Section 3, Indian Trusts Act, 1882 3 Atul M. Setalvad, Law Of Trusts and Charities, 1st ed., Wadhwa Book Co., Nagpur (2008) p.34 4 Ayyar S. Krishnamurthy, Commentary on the Indian Trusts Act, 6th ed. Wadhwa Book Co. Nagpur (2010) p. 44
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H C Johari, Indian Trust Act, 4th ed., Wadhwa Book Co., Nagpur (2005) p. 23 M R Mallick, Goyle's the Law of Trusts, 2nd ed., Wadhwa Book Co., Nagpur (2009) p. 37 7 R Chakraborty, Law Relating To Trusts in India, 1st ed., Wadhwa Book Co., Nagpur (2008) p. 22 8 Universal's Legal Manual, Society and Trust Laws, 4th ed. Universal Publishing Co., New Delhi (2012) p. 29
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Burns v Burns [1984] Ch. 317. White v Re Vander ells Trustees Ltd [1974] Ch. 269 14 [1999] 1 WLR 1399
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