Trespass v Trust - Kya Correct hai?
property clat_ug beginner poll_styleIn case of a trespasser who was also a beneficiary under a trust, kya court ka decision rahega? Consider this scenario - X is a trespasser who entered the property of A, a trustee. But X was also named as a beneficiary in the trust deed, which states that the property would be divided among the beneficiaries after the death of A. Here are two possible approaches:
Option 1: Court might hold that X's interest as a beneficiary takes precedence over her status as a trespasser, and therefore she cannot be held liable for trespass.
Option 2: Court might argue that X's trespassing constitutes a breach of trust, and therefore her interest as a beneficiary is automatically terminated.
So, which option kya sahi hai?
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