Law:

Section:

Section 5 of the estate duty act, 1953, read with sections 13 and 14 of the transfer of property act, 1882, and article 113 of the limitation act-Property passing on death-Settlor, a muslim and resident of erstwhile hyderabad state, created, in 1953, a trust in respect of certain property, conferring benefit thereunder on his family members from generation to generation and, finally on charity on extinction of all his family members -Whether trust amounted, to a bequest, made in perpetuity and was, therefore, void in view of sections 13 and 14 of transfer of property act-Held, on facts, yes-Whether musalman wakf validating act, 1913 under which such a trust is valid and is saved from operations of sections 13 and 14 of transfer of property act, was not applicable to Hyderabad state and therefore, it did not save impugned trust from being void-Held, yes-Whether it could be said that in view of article 113 of limitation act, right of Settlor and his heir to file a suit to recover possession of trust property was barred and, therefore, there was extinguishment of settlor's right in property-Held, on facts, no - Whether mere possession of trust properties by trustees fro more than 12 years was not sufficient to perfect their title by adverse possession since said trust was governed by article 113 of limitation act under which settlor's right to recover possession was not barred-Held, on facts, yes-Whether property settled on trust passed on settlor's death since trust was ab initio void-Held, on facts, yes Facts A late Nizam, a resident of erstwhile Hyderabad State, settled some jewellery on trust in favour of his daughter, in 1953. The terms of the trust, inter alia, provided (i) that on the death of the beneficiary, the jewellery would be converted into income-yielding investments, (ii) that the net income thereof would be paid to her children or remoter issue of the settlor's son from generation to generation, and in the event of failure of these contingencies to the issue of another son of the settlor from generation to generation, and (iii) that on the death of the last survivor of the persons entitled to the income of the fund, the income was to be utilised…

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