NDLI: Fazalbhoy Currimbhoy Etc. Vs. Official Trustee of Maharashtra & Ors., Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1913 Sir Currimbhoy Ebrahim Baronetcy Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Sir Currimbhoy Ebrahim Baronetcy (repeal and Distribution of Trust Properties) Act, 1959 (9 of 1960)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Sir Currimbhoy Ebrahim Baronetcy Act, 1913 - Act created a trust of the properties of the First Baronet - Fourth Baronet migrated to Pakistan and was declared an evacuee - State Legislature passed the Sir Currimbhoy Ebrahim Baronetcy (Repealing and Distribution of Trust Properties) Act, 1959-S. 7(4) of the Repealing Act - Scope of - Effect of repeal - Official Trustee - If required to transfer and vest in the Custodian the trust properties found to be evacuee property.In 1911 King George V conferred the "dignity, status and degree" of a Baronet on Sir Currimbhoy Ebrahim of Bombay. To provide for the upkeep and dignity of the Baronetcy the Sir Crrimbhoy Ebrahim Baronetcy Act, 1913 was passed by virtue of which considerable properties belonging to Sir Currirnbhoy Ebrahim were settled upon the trust. Section 8 of the Baronetcy Act provided that the residue of income from the properties settled under the trust was to be paid to the first Baronet and the heir male of his body, who would, for the time being succeed to the title of Baronet. Section 27 provided for the vesting of all properties and funds in the Trust "upon failure and in default of heirs male of the body of the Iast Baronet." The First Baronet left behind a Will in respect of certain other properties. On the death of the First Baronet his eldest son assumed the title of Second Baronet and on the death of the Second Baronet his eldest son Hussainbhoy became the Third Baronet. The Third Baronet migrated to Pakistan between the years 1947 and 1949. He was, therefore, declared an evacuee. Certain properties belonging to him were declared vested in the Custodian of Evacuee Property. Two other immovable properties as well as the right, title and interest of the Third Baronet in the Sir Currimbhoy Ebrahim Baronetcy Trust were declared as evacuee properties and vested in the Custodian of Evacuee Property. On the death of the Third Baronet in Pakistan in 1952 his eldest son Mohamedbhoy succeeded as the Fourth Baronet. At that time the Fourth Baronet was residing in India, but shortly thereafter he migrated to Pakistan. The Deputy Custodian of Evacuee Property made an order declaring the Fourth Baronet an evacuee and notified his beneficial interest in the Trust as evacuee property vesting in the Custodian of Evacuee Property. The Fourth Baronet having migrated to Pakistan along with his son, the Bombay Legislature passed the Sir Currimbhoy Ebrahim Baronetcy (Repealing & Distribution of Trust Properties) Act, 1959. The Repealing Act inter alia revoked and extinguished the trusts, powers, provisions, declaration and purposes declared and expressed in the Sir Currimbhoy Ebrahim Baronetcy Act and vested the properties and funds in the Official Trustee for the purpose of distributing them amongst the persons rightfully entitled thereto, according to law. The Official Trustee thereupon called upon the persons claiming interest in the trust properties to submit their claims.On the Official Trustee's application under s. 7 (2) of the Repealing Act seeking orders and directions of the High Court as regards distribution of the trust properties amongst the several claimants, a single Judge of the High Court took the view that the Custodian was not entitled to the share of the Fourth Baronet in the Trust properties because the beneficial interest of the Fourth Baronet which had vested in the Custodian came to an end on the extinction of the Trust that the Repealing Act had the effect of giving rise to a resulting trust in favour of the settler, the first Baronet; that the trust properties reverted to his estate on his death, that they must be deemed to pass by inheritance, according to the Muslim personal law, and that the residuary clause in the will executed by the First Baronet did not cover the trust properties.A Division Bench of the High Court on appeal held that on the terms of the Will a contrary intention had been manifested by the First Baronet that in the event of the failure of the Trust the trust properties shall, after his life time, be held for the benefit of the Baronet for the time being and therefore the Fourth Baronet was entitled to the trust properties absolutely in his own right. The claim of the Custodian of Evacuee Property to the corpus of the trust properties was rejected.
Judge	Honble Mr. Justice R.S. Pathak
Neutral Citation	1978 INSC 255
Petitioner	Fazalbhoy Currimbhoy Etc.
Respondent	Official Trustee Of Maharashtra & Ors., Etc.
SCR	[1979] 2 S.C.R. 699
Judgement Date	1978-11-12
Case Number	722, 1016 and 1967

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