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The Calcutta Law Reports of Cases Decided by the High Court, Calcutta, Also Judgments of H. M.'s Privy Council, 1877 Volume 11

The Calcutta Law Reports of Cases Decided by the High Court, Calcutta, Also Judgments of H. M.'s Privy Council, 1877 Volume 11


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 Excerpt: ...persons who are called trustees do not, under Hindu law, become the owners of the property which is placed in their charge. Possibly, however, as this is an Act which contains the law of limitation for all classes of persons, the word "vest" may be used when speaking of a person standing in a fiduciary relation, not in the sense of "owned," but in the sense of "held in possession." At any fate, I am not prepared to say that, had the gift to the sons of Woodoy been vested, the residue of the testator's property would not ha?e been "vested" in the defendant, Doorgamoney, within the meaning of the word "vested," as used in section 10 of the let. Bat the question still remains, whether, under the circumstances -hich the plaintiff sets forth, the property was held by the defendnt Doorgamoney in trust for any specific purpose. It was learly made over to her, in the first instance, for a specific purose, i.e., to apply the profits in a certain way and then to divide ie corpus amongst the sons of Woodoy, but that specific purine is one which the plaintiff herself alleges to have failed, ecause it was one for which a Hindu could not devise his projtty. This specific object having failed, Doorgamoney was trad to hand over the property to the testator's legal heirs, sing bound to do this, did she then hold it in trust for a "specific rpose" within the meaning of the Act? If this had been an English case, the property would have tually vested in Doorgamoney, and, there being a clear intenn that she should not take it for her own benefit, there would re been what is called a resulting trust for the heirs of the 1878 testator for whom, therefore, the executor would be a trustee. Kheuodb-But in a Hindu will ...


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Product Details
  • ISBN-13: 9781130554939
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 240
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1130554937
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 435 gr


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The Calcutta Law Reports of Cases Decided by the High Court, Calcutta, Also Judgments of H. M.'s Privy Council, 1877 Volume 11
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