https://www.taxtmi.com/caselaws?id=312546 A trust deed intended to pay the settlor's debts was treated as creating a valid trust in favour of the trustee where the instrument identified the trust property, the purpose, and vesting of management and control. The trust was not regarded as a mere paper transaction because the trustee acted on it by collecting rent and applying proceeds toward debts. Section 47 CPC did not bar the suit since the question of representative capacity had not been finally determined in execution. The deed was also not treated as a fraudulent transfer under Section 53 of the Transfer of Property Act, and a later execution sale against the settlor did not defeat the trustee's title. en-us Thu, 14 Jul 1938 00:00:00 +0530 Fri, 23 Feb 2024 15:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312546 A trust deed intended to pay the settlor's debts was treated as creating a valid trust in favour of the trustee where the instrument identified the trust property, the purpose, and vesting of management and control. The trust was not regarded as a mere paper transaction because the trustee acted on it by collecting rent and applying proceeds toward debts. Section 47 CPC did not bar the suit since the question of representative capacity had not been finally determined in execution. The deed was also not treated as a fraudulent transfer under Section 53 of the Transfer of Property Act, and a later execution sale against the settlor did not defeat the trustee's title. Case-Laws Indian Laws Thu, 14 Jul 1938 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312546