Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Trust: Appointment of Donor Trustee |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Trust: Appointment of Donor Trustee - Respondent-Plaintiff's husband was the original Donor Trustee - Original Trust Deed c amended in 1994, registered on 30.01.1995, provided that after the life time of respondent's husband, either his senior most lineal descendant or a member of his family nomin(lted by him or his wife, shall be the Donor Trustee - Suit by Respondent, relying on this amendment, for a declaration that she is the Donor Trustee of the D Trust after the death of her husband - Appellant-State government and respondent No.2 (States appointee as Donor Trustee) contended that the said amendment being without the approval of the State Government is inoperative - Trial Court decreed suit in favour of respondent - High Court upheld the decree passed by Trial Court - On appeal, held: There was approval of the State E Government to the 1994 Amendment in terms of documents relied on by the appellant-State govt. and respondent No.2 itself- Further, the 1994 amendment mentioned that after the lifetime of respondent's husband, either his senior most lineal descendant or a member of his family or his wife was to succeed, and if this mode of succession F fails, then the State Government were to exercise the powers of Donor Trustee - The mode of succession did not fail as at the time of death of original Donor Trustee, respondent was his wife and thus was validly nominated as Donor Trustee. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2016 INSC 891 |
Petitioner | Principal Secretary, Government Of Karnataka And Another |
Respondent | Ragini Narayan And Another |
SCR | [2016] 8 S.C.R. 790 |
Judgement Date | 2016-09-20 |
Case Number | 8895 |
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