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Resulting trust

The resulting trust, a trust arising by operation of law, is to give legal effect to the implied intention of parties in relation to the acquisition and disposition of both the moveable and immovable property. This is when a person buys a property but the name of another is on the title of the prope...

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Main Authors: Ali Mohamed, Ashgar Ali, Ahmad, Muhamad Hassan
Format: Book Chapter
Language:English
Published: Sweet & Maxwell, Thomson Reuters 2022
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/103937/2/103937_Resulting%20Trust.pdf
http://irep.iium.edu.my/103937/
http://www.sweetandmaxwellasia.com.my/BookStore/showProduct.asp?countrycode=MLY&bookstore=1&id=2951&ptab=1&&g=e12l2&ec=QSNBGDKTJJVZSVHOCFIZCQJNVZGOSGXENQRSKMPTOBJOJVSHUCN
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spelling my.iium.irep.1039372023-03-13T02:22:44Z http://irep.iium.edu.my/103937/ Resulting trust Ali Mohamed, Ashgar Ali Ahmad, Muhamad Hassan K Law (General) The resulting trust, a trust arising by operation of law, is to give legal effect to the implied intention of parties in relation to the acquisition and disposition of both the moveable and immovable property. This is when a person buys a property but the name of another is on the title of the property either jointly with purchaser or that other person alone. A resulting trust will be presumed in favour of the person who have paid or advanced the purchase money. The supplier of the money or the person who paid purchase money retains the beneficial ownership of the property while the registered proprietor is presumed to hold the property on trust for the former. As from the above, the legal interest of the property is vested in the title holder (the trustee) whereas the beneficial interest results to the settlor “unless from the relation between the two, or from other circumstances, it appears that a gift was intended”. Hence, if the purchased property is conveyed or transferred into the name of a stranger, that person will be deemed to hold the property as trustee for the person who paid the purchase price. Accordingly, this chapter is dedicated to discuss about the resulting trust with regard to its definition, various categories, some exceptions to it, and also the burden of proof in establishing it. Sweet & Maxwell, Thomson Reuters 2022-02 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/103937/2/103937_Resulting%20Trust.pdf Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2022) Resulting trust. In: Equity & Trusts in Malaysia: Law & Practice. Sweet & Maxwell, Thomson Reuters, Subang Jaya, Selangor, pp. 367-379. ISBN 9789672723165 http://www.sweetandmaxwellasia.com.my/BookStore/showProduct.asp?countrycode=MLY&bookstore=1&id=2951&ptab=1&&g=e12l2&ec=QSNBGDKTJJVZSVHOCFIZCQJNVZGOSGXENQRSKMPTOBJOJVSHUCN
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Ali Mohamed, Ashgar Ali
Ahmad, Muhamad Hassan
Resulting trust
description The resulting trust, a trust arising by operation of law, is to give legal effect to the implied intention of parties in relation to the acquisition and disposition of both the moveable and immovable property. This is when a person buys a property but the name of another is on the title of the property either jointly with purchaser or that other person alone. A resulting trust will be presumed in favour of the person who have paid or advanced the purchase money. The supplier of the money or the person who paid purchase money retains the beneficial ownership of the property while the registered proprietor is presumed to hold the property on trust for the former. As from the above, the legal interest of the property is vested in the title holder (the trustee) whereas the beneficial interest results to the settlor “unless from the relation between the two, or from other circumstances, it appears that a gift was intended”. Hence, if the purchased property is conveyed or transferred into the name of a stranger, that person will be deemed to hold the property as trustee for the person who paid the purchase price. Accordingly, this chapter is dedicated to discuss about the resulting trust with regard to its definition, various categories, some exceptions to it, and also the burden of proof in establishing it.
format Book Chapter
author Ali Mohamed, Ashgar Ali
Ahmad, Muhamad Hassan
author_facet Ali Mohamed, Ashgar Ali
Ahmad, Muhamad Hassan
author_sort Ali Mohamed, Ashgar Ali
title Resulting trust
title_short Resulting trust
title_full Resulting trust
title_fullStr Resulting trust
title_full_unstemmed Resulting trust
title_sort resulting trust
publisher Sweet & Maxwell, Thomson Reuters
publishDate 2022
url http://irep.iium.edu.my/103937/2/103937_Resulting%20Trust.pdf
http://irep.iium.edu.my/103937/
http://www.sweetandmaxwellasia.com.my/BookStore/showProduct.asp?countrycode=MLY&bookstore=1&id=2951&ptab=1&&g=e12l2&ec=QSNBGDKTJJVZSVHOCFIZCQJNVZGOSGXENQRSKMPTOBJOJVSHUCN
_version_ 1761616135111835648
score 13.211869

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