324 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(VI) Who are within the marriage consideration :
(i) The only persons within the marriage consideration are the actual parties, the husband and the wife, and the issue of that marriage.
(ii) All other persons are volunteers and cannot enforce the provisions of a settlement as against the settlor so far as the transfer of property is still incomplete, e.g., an agreement to settle after—acquired property.
- Does the Indian Trust Act recognize this distinction between complete trust and incomplete trust —
Simple and Special Trusts
A Simple Trust is a trust in which a trustee is a mere passive custodian of the trust property, with no active duties to perform.
A Special Trust is a trust in which a trustee is appointed to carry out some scheme particularly pointed out by the settlor and is called upon to exert himself actively in the execution of the settlor’s intention.
A Simple Trust is spoken of as a passive trust and Special Trust is spoken of as an active trust.
Where a Simple Trust exists, the beneficiary, provided that he is sue juris and absolutely entitled, has a right to be put into actual possession of the property and he enjoys the further right of compelling the trustees to dispose of the legal estate in accordance with the beneficiary’s instruction.
Special Trusts are divided into—(i) Ministerial and (ii) Discretionary.
In both the trustees have positive duties to perform.
The point of distinction is that in a Ministerial Trust the duties are such that the trustee is not called upon to exercise prudence while in a discretionary trust a trustee is required to exercise prudence.
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