338 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
and take property ;be not dead physically he must not be dead civily:
(1) A person who is sentenced to transportation is not civily dead.
There is one further distinction which is to be noted. Ordinarily a person who is competent to be a trustee is also competent to execute a trust. But in the case where a trust involves the use of discretion the person who is competent to be a trustee is not necessarily competent to execute a trust.
Where the trust is such that it does not involve the use of discretion the requirement for competency to execute a trust is the same for being a trustee, namely, capacity to hold and take property.
Where the trust is such that its execution does involve the use of discretion, then the trustee must have capacity to contract.
Capacity to be a Beneficiary —
Sec. 9.
Every person capable of holding property may be a beneficiary.
The requirement for being a beneficiary is the same as for being a trustee.
That is every living person can be a beneficiary. That is a trust can be created in the interest of every living person. It is not necessary that a beneficiary should have contractual capacity. In this respect his position is regulated by the same provisions as that of the trustee.
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