A trust is created when the person creating the trust, termed the author ofthe trust indicates with reasonable certainty by any words or acts the following.
An intention on his part to create trust.
The purpose of the trust.
The beneficiary .
The trust property.
Again, unless the trust is declared by will, or the author of the trust ishimself to be trustee, the author has to transfer the trust property tothe trustee
A trust in relation to immovable property has to be declared in writingsigned by the author of the trust or the trustee and has to be as wellregistered such a trust may as well be declared by a will of the author ofthe trust or of the trustee. The will is not required to be registered.
A trust in relation to movable property can be either declared as in thecase of immovable property or by transferring ownership of the property tothe trustee.
The subject matter of the trust is called trust property. Any property, which can be transferred to the beneficiary, can be subject matter of thetrust. But a mere beneficial interest under a subsisting trust cannot bethe subject matter of a trust.
Certain other properties also cannot form subject matter of a trust. Someof these are as follows:
Chance of receiving property such as chance of a relation to obtainlegacy on death of a kinsman or chance of an heir apparent to succeed to anestate.
Mere right to sue.
Public office or the salary of a public officer whether after or beforeit has became payable.
An interest in property restricted in its enjoyment to the ownerpersonally.
Stipends allowed to military, naval, airforce and civil pensioner's ofstate or political pensions.
