...question of a resulting trust. When a property is purchased by a husband in the name of his wife, or by a father in the name of his son, it must be presumed that they are benamidars, and ...and cestui que trust is only a beneficial owner, whereas in the case of a benami transaction the real owner has got the legal title though the property is in the name of...(PC) and observed that in case of a benami transaction, there is a resulting trust in favour of the person providing the purchase-money.”19. In ...

...of the deposit note. The general principle of equity, applicable both in this country and in India, is that in the ease of a voluntary conveyance of property by a granto...intention of vesting in the donee any beneficial interest in the property granted or transferred, as well as the usages which these natives have adopted and which have been protected by statute, n...resulting trust, in favor of Mt. Gujri, the wife of Teku Ram. It was said that one of the provisions of the destroyed will of Teku Ram was evidence that it was the intention of Teku Ram t...

...be an application of the income for charitable purposes. It is in the context of the application of the income that the Tribunal has observed in para. 5 of its order that the exp..., capital expenditure on improving the property of the trust or maintaining such property, which would result in the income of the trust being maintained or increased wo...to be made in accordance with law. In the course of the order, the Tribunal observed:“Expenditure on improving the property of the trust or maintaining it...

...Gopeekrist Gosain case (1854) 6 MIA 53 (PC) the doctrine of advancement is not applicable in India, so as to raise the question of a resulting trust. When a property is purchased ...benefit the other. The benamidar, therefore, has no beneficial interest in the property or business that stands in his name; he represents in fact the real owner and so far as th...standing in his name and cestui que trust is only a beneficial owner, whereas in the case of a benami transaction the real owner has got the legal title though the property is ...

...Zoolfikar Ali Currimbhoy Ebrahim, and Appeal 34 of 1963 was filed by the Custodian of Evacuee Property. The appeals were heard by a Division Bench of two learned Judges, Kotval, C.J, and Mody, J. The Division Bench...Currimbhoy that a resulting trust follows the revocation and extinction of the trust created by the Baronetcy Act rests on the provisions of Section 83 of the Indian Trusts Act. ...direction to the contrary, must hold the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust or his legal representative.”...

...that the plaintiffs were only benamidars holding the property for the benefit of its real owner, Bharat Singh, as the consideration therefor had emanated from him.14. Under ...transferee should not become the real owner of the property in question. The doctrine of advancement is not in vogue in India. The counterpart of the English law of ...acquisition of shares on allotment, and I think that the law is clear that, on the one hand, where a man purchases shares and they are registered in the name of a stranger, there is a resulting ...

...Giri. The fact remains that Swami Ishwaranand Giri constructed a Temple on the land; permitted public to offer puja in the Temple; and, accordingly, as it appears to us, utilised the property for ...public trust, the character of the property stands altered. Whoever is in management of the property, if not appointed as trustee for and on behalf of the trust, ...JUDGMENTBARIN GHOSH, C.J (Oral)There is a Shiva Temple constructed upon a land situate at the bypass road recorded in Nagar Palika, Vikas Nagar as property No...

...accepted by the owner or declared and accepted by him, for the benefit of another, or of another and the owner. A trust in terms of Section 4 of the Trusts Act may be created for any lawful purpos...purchase money as a result whereof a beneficial interest in the property results to the true purchaser. Law relating to trust has not recognised only a resulting trust but other kinds of ...illegality and resulting trust has undergone some changes in view of a recent decision of the House of Lords in Tinsley v. Milligan (1993) 3 All ER 65, (1994) 1 AC...

...Judge also thought that there might be a resulting trust. In order to see what is a resulting trust, we have again to refer to the Text Books for convenience. This trust is defined as a ...are not fully expressed. But the example given by Snell in the case when property is left to a trust to pay the income to B for life without saying what to do with the property o...is found in law, because after the death of B, the trustee hold the property for the heirs of the original settler. Then there is the case of a purchase benami. In such ...

...investment in the building constructed on the plot allotted. His client was in possession. His client, therefore, had interest in the property resulting in a constructiv...15 of the Hindu Successions Act, 1956 is also reproduced below:-“15. General rules of succession in the case of female Hindus.- (1) The property of a female Hindu dying...present case, are absolutely clear that in the absence of persons mentioned in cl.(a) thereof, and that is exactly the case here, the property of a female Hindu dying intestate shall devolve upon ...

...argued, therefore, that under s. 13 of the Trust Act it would be the duty of a benamidar as a trustee to take steps to protect and preserve the trust, property, Now, it ...need be said about it. They have, however, pressed the other two points. The first question that falls for consideration is whether a person, who is admittedly a benamidar of the property in question..., can maintain a writ petition of this kind. Mr. Manekshaw conceded at the very outset that a benamidar can file a suit to protect the property which he holds benaini in certain circumstances. But Mr...

...premises.3. At this stage, it is required to be noted that the Income Tax Authorities have refused to extend the exemption to the said trust on account of the fact that the premises ...short “CPC”) came to be rejected. The Petitioner herein is one of the trustees of the Trust known as Balmohan Vidyamandir Trust which runs the Balmohan School which is in Shivaji Park, Mu...trust is also running a school at Talegaon, District Pune. The Respondent No. 1 herein is the parent of a student who is prosecuting studies in the school at Shivaji Park. He filed an application...

...that on the extinction of the trust, the owner of the property was entitled to recover it. We need not multiply authorities, for the proposition is well established that on the f...of those who had given the property. It is equally well-established that equity treats trust for charitable purposes as an exception to this rule of resulting trusteeship.19. In charitable...in the village and consequently the trust is extinguished; and that(3) the appellants having got a fresh title, the property cannot be held as still subject to the...

...following observations at p. 950:“The general principle of equity applicable both in this country and in India, is that in the case of a voluntary conveyance of property by a granto...Council had no hesitation in holding that the money was the property of Teku Ram and remained at his disposal at the date of his death. During the course of the judgment their Lordships m...facie therefore the money in the Current and Savings Bank account is the property of the applicant. But we have got the undisputed fact in this case that the said sum re...

...(2), or merely after holding an inquiry under the said sub-section (2), is satisfied that a change has occurred in any of the entries recorded in the register kept under section 17 in regard to :J...any immovable property, the trustee shall. along with the report, furnish a memorandum in the prescribed form containing the particulars (including the name and description of ...to any change in the immovable property or such public trust, for forwarding it to the Sub-Registrar referred to in sub-section (7) of section 18.Such memorandum shall be signed and...

...property from the creator of the trust to the trustee, such transfer is without consideration, resulting in vesting of the property legally in the hand...the trust was an obligation annexed to the ownership and even though the trustee may have no beneficial interest in the trust property, it could be treated as onerous gift which ..." (a) the creation of a trust in property ;" 9. Indian Trusts Ad, 1882 : "3. Interpretation clause. -- Trust' A 'trust' is an obligation annex...

...higher. This provision itself shows that to the extent of 75 per cent. of the income, there has to be an application of the income for charitable purposes. It is in the context of the application ...expenditure in the nature of capital expenditure can be considered as application of income which are meant for improving the property of the trust or maintaining it, which would result ...(Mad.), has observed that “only such expenditures in the nature of capital expenditure can be considered as application of income, which are meant for improving the property of the trust,...

...the settlor remains with her as the sole beneficiary. Thus, there is no liability to gift-tax. 15. To summarise, though there is a transfer of property from the creator of the ...obligation annexed to the ownership and even though the trustee may have no beneficial interest in the trust property, it could be treated as onerous gift which was known to be valid in l...property takes within its sweep the creation of a trust in property. The donor is a person who makes gift and the donee is a person who acquires any property under a gift and inc...

...higher. This provision itself shows that to the extent of 75 pr cent of the income, there has to be an application of the income for charitable purposes. It was in the context of the application o...to 63, the following income shall not be included in the total income of the previous year of the person in receipt of the income [(a) income derived from property 34 held under ...find out first what the property held in trust is. He will then have to ascertain the income derived from the said properties of the trust and after ascertaining the inc...

...higher. This provision itself shows that to the extent of 75 pr cent of the income, there has to be an application of the income for charitable purposes. It was in the context of the application o...to 63, the following income shall not be included in the total income of the previous year of the person in receipt of the income [(a) income derived from property 34 held under ...find out first what the property held in trust is. He will then have to ascertain the income derived from the said properties of the trust and after ascertaining the inc...