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Supreme Court of India 2016-09-20 dismissed

Principal Secretary, Government of Karnataka and Another vs Ragini Narayan and Another

Bench: 2 — Prafulla C. Pant

In Brief

Ragini Narayan claimed to be the rightful Donor Trustee of B.M. Sreenivasaiah Educational Trust following her husband B.S. Narayan's death in 1995. The State Government of Karnataka disputed this, contending that the 1994 amendment to the Trust Deed—on which Ragini's nomination rested—lacked State approval. The Supreme Court held that a registered document operates from its date of execution, not registration. The Court further inferred State approval for the 1994 amendment from the Government's own subsequent conduct and documents. Since Ragini was B.S. Narayan's lawful wife at his death and he had delegated Donor Trustee powers to her under the amended Trust Deed, she was validly entitled to succeed. The appeal was dismissed.

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Trusts Registration Succession Trust Deed Amendment Civil Procedure

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