The Indian Trust Act, 1882
PREAMBLE

SECTIONS

1. Short title.

Commencement.
Local extent.
Savings.


# THE INDIAN TRUSTS ACT, 1882
 __________

 ARRANGEMENT OF SECTIONS

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CHAPTER I

PRELIMINARY


2. Repeal of enactments.

3. Interpretation-clause.

“trust”. “author of the trust”:

“trustee”: “beneficiary”:

“trust-property”: “beneficial interest”:

“instrument of trust”: “breach of trust”:

“registered”: “notice”:

Expressions defined in Act 9 of 1872.

CHAPTER II

OF THE CREATION OF TRUSTS

4. Lawful purpose.

5. Trust of immoveable property.

Trust of moveable property.

6. Creation of trust.

7. Who may create trusts.

8. Subject of trust.

9. Who may be beneficiary.

Disclaimer by beneficiary.

10. Who may be trustee.
No one bound to accept trust.

Acceptance of trust.
Disclaimer of trust.

CHAPTER III

OF THE DUTIES AND LIABILITIES OF TRUSTEES

11. Trustee to execute trust.

12. Trustee to inform himself of state of trust-property.

13. Trustee to protect title to trust-property.

14. Trustee not to set up title adverse to beneficiary.

15. Care required from trustee.

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SECTIONS

16. Conversion of perishable property.

17. Trustee to be impartial.

18. Trustee to prevent waste.

19. Accounts and information.

20. Investment of trust-money.

20A. Power to purchase redeemable stock at a premium.

21. Mortgage of land pledged to Government under Act 26 of 1871.

Deposit in Government Savings Bank.

22. Sale by trustee directed to sell within specified time.

23. Liability for breach of trust.

24. No set-off allowed to trustee.

25. Non-liability for predecessor’s default.

26. Non-liability for co-trustee’s default.

Joining in receipt for conformity.

27. Several liability of co-trustees.

Contribution as between co-trustees.

28. Non-liability of trustee paying without notice of transfer by beneficiary.

29. Liability of trustee where beneficiary’s interest is forfeited to the Government.

30. Indemnity of trustees.

CHAPTER IV

OF THE RIGHTS AND POWERS OF TRUSTEES

31. Right to title-deed.

32. Right to reimbursement of expenses.
Right to be recouped for erroneous over-payment.

33. Right to indemnity from gainer by breach of trust.

34. Right to apply to Court for opinion in management of trust-property.

35. Right to settlement of accounts.

36. General authority of trustee.

37. Power to sell in lots, and either by public auction or private contract.

38. Power to sell under special conditions.
Power to buy-in and re-sell.

Time allowed for selling trust-property.

39. Power to convey.

40. Power to vary investments.

41. Power to apply property of minors, etc., for their maintenance, etc.

42. Power to give receipts.

43. Power to compound, etc.

44. Power to several trustees of whom one disclaims or dies.

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SECTIONS.

45. Suspension of trustee’s powers by decree.

CHAPTER V

OF THE DISABILITIES OF TRUSTEES

46. Trustee cannot renounce after acceptance.

47. Trustee cannot delegate.

48. Co-trustees cannot act singly.

49. Control of discretionary power.

50. Trustee may not charge for services.

51. Trustee may not use trust-property for his own profit.

52. Trustee for sale or his agent may not buy.

53. Trustee may not buy beneficiary’s interest without permission.
Trustee for purchase.

54. Co-trustees may not lend to one of themselves.

CHAPTER VI

OF THE RIGHTS AND LIABILITIES OF THE BENEFICIARY

55. Rights to rents and profits.

56. Right to specific execution.

Right to transfer of possession.

57. Right to inspect and take copies of instrument of trust, accounts, etc.

58. Right to transfer beneficial interest.

59. Right to sue for execution of trust.

60. Right to proper trustees.

61. Right to compel to any act of duty.

62. Wrongful purchase by trustee.

63. Following trust-property—
into the hands of third persons;

into that into which it has been converted.

64. Saving of rights of certain transferees.

65. Acquisition by trustee of trust-property wrongfully converted.

66. Right in case of blended property.

67. Wrongful employment by partner-trustee of trust property for partnership purposes.

68. Liability of beneficiary joining in breach of trust.

69. Rights and liabilities of beneficiary’s transferee.

CHAPTER VII

OF VACATING THE OFFICE OF TRUSTEE

70. Office how vacated.

71. Discharge of trustee.

72. Petition to be discharged from trust.

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SECTIONS.

73. Appointment of new trustees on death, etc.

74. Appointment by Court.
Rule for selecting new trustees.

75. Vesting of trust-property in new trustees.

Powers of new trustees.

76. Survival of trust.

CHAPTER VIII

OF THE EXTINCTION OF TRUSTS

77. Trust how extinguished.

78. Revocation of trust.

79. Revocation not to defeat what trustees have duly done.

CHAPTER IX

OF CERTAIN OBLIGATIONS IN THE NATURE OF TRUSTS

80. Where obligation in nature of trust is created.

81. [Repealed.].

82. [Repealed.].

83. Trust incapable of execution or executed without exhausting trust-property.

84. Transfer for illegal purpose.

85. Bequest for illegal purpose.

Bequest of which revocation is prevented by coercion.

86. Transfer pursuant to rescindable contract.

87. Debtor becoming creditor’s representative.

88. Advantage gained by fiduciary.

89. Advantage gained by exercise of undue influence.

90. Advantage gained by qualified owner.

91. Property acquired with notice of existing contract.

92. Purchase by person contracting to buy property to be held on trust.

93. Advantage secretly gained by one of several compounding creditors.

94. [Repealed.].

95. Obligor’s duties, liabilities and disabilities.

96. Saving of rights of bona fide purchasers.

THE SCHEDULE.

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# THE INDIAN TRUSTS ACT, 1882 

 ACT NO. 2 OF 1882[1]



[13th January, 1882.]

# An Act to define and amend the law relating to Private Trusts and Trustees.

**Preamble.—WHEREAS** it is expedient to define and amend the law relating to private trusts and

trustees; It is hereby enacted as follows :—

CHAPTER I

PRELIMINARY

**1. Short title.—This Act may be called the Indian Trusts Act, 1882.**

**Commencement.—and it shall come into force on the first day of March, 1882.**

**Local extent.—[2][It** extends to [3][the whole of India [4]*** and] the Andaman and Nicobar

Islands [5] ***; but the Central Government may, from time to time, by notification in the
Official Gazette, extend it to [6][the, Andaman and Nicobar Islands] or to any part thereof.]

**Savings.—But nothing herein contained affects the rules of Muhammadan law as to** _waqf, or the_

mutual relations of the members of an undivided family as determined by any customary or personal
law, or applies to public or private religious or charitable endowments, or to trusts to distribute
prizes taken in war among the captors; and nothing in the Second Chapter of this Act applies to
trusts created before the said day.

**2. Repeal of enactments.—The Statute** and Acts mentioned in the Schedule hereto annexed shall, to

the extent mentioned in the said Schedule, be repealed, in the territories to which this Act for the time
being extends.

**3. Interpretation-clause—“trust”:—A** “trust” is an obligation annexed to the ownership of

property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted
by him, for the benefit of another, or of another and the owner:

**“author of the trust”: “trustee”: “beneficiary”: “trust-property”: “beneficial interest”:**

**“instrument of trust”:—the** person who reposes or declares the confidence is called the “author of the
trust”: the person who accepts the confidence is called the “trustee”: the person for whose benefit the
confidence is accepted is called the “beneficiary”: the subject-matter of the trust is called “trust-property”
or “trust-money”: the “beneficial interest” or “interest” of the beneficiary is his right against the trustee
as owner of the trust-property; and the instrument, if any, by which the trust is declared is called the
“instrument of trust”:

**“breach of trust”:—a** breach of any duty imposed on a trustee, as such, by any law for the time

being in force, is called a “breach of trust”:

1. For Report of the Indian Law Commission on the Private Trusts Bill which they were instructed to consider among others, see

Gazette of India, 1880, Supplement, p. 104; and for Report of the Select Committee, _see_ Gazette of India, 1880, Pt. V,
Supplement, 1881, p. 766; for further Report of the Select Committee, see ibid., Supplement, 1882, p. 67; for Proceedings in
Council, see ibid., Supplement, 1881, p. 687; and ibid., Supplement, 1882, p. 68.

The Act has been extended to Berar by Act 4 of 1941; Dadra and Nagar Haveli by Regulation 6 of 1963, s. 2 and Sch. I;

Pondicherry by Regulation 7 of 1963, s. 3 and Sch. I; Goa, Daman and Diu by Regulation 11 of 1963, s. 3 and Sch. and
Sikkim by Notifn. No. S.O. 642 E, dt. 24-8-1984 (w.e.f. 1-9-1984).

2. Subs. by the A.O. 1948, for the first sentence.
3. Subs. by the A.O. 1950, for “all the Provinces of India, except”.
4. The words “except the state of Jammu & Kashmir” omitted by Act 34 of 2019, s. 95 & 96 and the

Schedule. V. (w.e.f. 31-10-2019).

5. The words “and Panth Piploda” omitted by the A.O. 1950.
6. Subs., ibid., for “either or both of the said Provinces”.

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**“registered”:—and** in this Act, unless there be something repugnant in the subject or context,

“registered” means registered under the law for the registration of documents for the time being in force:

**“notice”:—a** person is said to have “notice” of a fact either when he actually knows that fact, or

when, but for wilful abstention from inquiry or gross negligence, he would have known it, or when
information of the fact is given to or obtained by his agent, under the circumstances mentioned in the
Indian Contract Act, 1872 (9 of 1872), section 229;

**Expressions defined in Act 9 of 1872:—and** all expressions used herein and defined in the Indian

Contract Act, 1872 (9 of 1872), shall be deemed to have the meanings respectively attributed to them by
that Act.

CHAPTER II

OF THE CREATION OF TRUSTS

**4. Lawful purpose.—A** trust may be created for any lawful purpose. The purpose of a trust is

lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would
defeat the provisions of any law, or (c) is fraudulent, or (d) involves or implies injury to the
person or property of another, or (e) the Court regards it as immoral or opposed to public policy.

Every trust of which the purpose is unlawful is void. And where a trust is created for two purposes, of

which one is lawful and the other unlawful, and the two purposes cannot be separated, the whole trust is
void.

_Explanation.—In_ this section the expression “law” includes, where the trust-property is immoveable

and situate in a foreign country, the law of such country.

_Illustrations_

(a) A conveys property to B in trust to apply the profits to the nurture of female foundlings to be trained up as prostitutes.

The trust is void.

(b) A bequeaths property to B in trust to employ it in carrying on a smuggling business, and out of the profits thereof to

support A’s children. The trust is void.

(c) A, while in insolvent circumstances, transfers property to B in trust for A during his life, and after his death for B. A is

declared an insolvent. The trust for A is invalid as against his creditors.

**5. Trust of immoveable property.—No** trust in relation to immoveable property is valid

unless declared by a non-testamentary instrument in writing signed by the author of the trust or
the trustee and registered, or by the will of the author of the trust or of the trustee.

**Trust of moveable property.—No** trust in relation to moveable property is valid unless

declared as aforesaid, or unless the ownership of the property is transferred to the trustee.

These rules do not apply where they would operate so as to effectuate a fraud.

**6. Creation of trust.—Subject** to the provisions of section 5, a trust is created when the author of the

trust indicates with reasonable certainty by any words or acts (a) an intention on his part to create thereby
a trust, (b) the purpose of the trust, (c) the beneficiary, and (d) the trust-property, and (unless the trust is
declared by will or the author of the trust is himself to be the trustee) transfers the trust-property to the
trustee.

_Illustrations_

(a) A bequeaths certain property to B, “having the fullest confidence that he will dispose of it for the benefit of C”. This

creates a trust so far as regards A and C.

(b) A bequeaths certain property to B “hoping he will continue it in the family”. This does not create a trust, as the

beneficiary is not indicated with reasonable certainty.

(c) A bequeaths certain property to B, requesting him to distribute it amongst such members of C’s family as B should

think most deserving. This does not create a trust, for the beneficiaries are not indicated with reasonable certainty.

(d) A bequeaths certain property to B, desiring him to divide the bulk of it among C’s children. This does not create a trust,

for the trust-property is not indicated with sufficient certainty.

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(e) A bequeaths a shop and stock-in-trade to B, on condition that he pays A’s debts and a legacy to C. This is a condition,

not a trust for A’s creditors and C.

**7. Who may create trusts.—A** trust may be created—

(a) by every person competent to contract [1], and,

(b) with the permission of a principal Civil Court of original jurisdiction, by or on behalf of a

minor; but subject in each case to the law for the time being in force as to the
circumstances and extent in and to which the author of the trust may dispose of the
trust-property.

**8. Subject of trust.—The** subject-matter of a trust must be property transferable to the

beneficiary.

It must not be a merely beneficial interest under a subsisting trust.

**9. Who may be beneficiary.—Every** person capable of holding property may be a

beneficiary.

**Disclaimer by beneficiary.—A** proposed beneficiary may renounce his interest under the

trust by disclaimer addressed to the trustee, or by setting up, with notice of the trust, a claim
inconsistent therewith.

**10. Who may be trustee.—Every** person capable of holding property may be a trustee; but,

where the trust involves the exercise of discretion, he cannot execute it unless he is competent to
contract.

**No one bound to accept trust.—No** one is bound to accept a trust.

**Acceptance of trust.—A** trust is accepted by any words or acts of the trustee indicating with

reasonable certainty such acceptance.

**Disclaimer of trust.—Instead** of accepting a trust, the intended trustee may, within a

reasonable period, disclaim it, and such disclaimer shall prevent the trust-property from
vesting in him.

A disclaimer by one of two or more co-trustees vests the trust-property in the other or

others, and makes him or them sole trustee or trustees from the date of the creation of the trust.

_Illustrations_

(a) A bequeaths certain property to B and C, his executors, as trustees for D. B and C prove A’s will. This is in itself an

acceptance of the trust, and B and C hold the property in trust for D.

(b) A transfers certain property to B in trust to sell it and to pay out of the proceeds A’s debts. B accepts the trust and sells

the property. So far as regards B, a trust of the proceeds is created for A’s creditors.

(c) A bequeaths a lakh of rupees to B upon certain trusts and appoints him his executor. B severs the lakh from the general

assets and appropriates it to the specific purpose. This is an acceptance of the trust.

CHAPTER III

OF THE DUTIES AND LIABILITIES OF TRUSTEES

**11. Trustee to execute trust.—The** trustee is bound to fulfil the purpose of the trust, and to

obey the directions of the author of the trust given at the time of its creation, except as modified
by the consent of all the beneficiaries being competent to contract.

Where the beneficiary is incompetent to contract, his consent may, for the purposes of this

section, be given by a principal Civil Court of original jurisdiction.

Nothing in this section shall be deemed to require a trustee to obey any direction when to

do so would be impracticable, illegal or manifestly injurious to the beneficiaries.

1. _See s.11 of the Indian Contract Act, 1872 (9 of 1872)._

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_Explanation.—Unless_ a contrary intention be expressed, the purpose of a trust for the

payment of debts shall be deemed to be (a) to pay only the debts of the author of the trust
existing and recoverable at the date of the instrument of trust, or, when such instrument is a
will, at the date of his death, and (b) in the case of debts not bearing interest, to make such
payment without interest.

_Illustrations_

(a) A, a trustee, is simply authorised to sell certain land by public auction. He cannot sell the land by private contract.

(b) A, a trustee of certain land for X, Y and Z, is authorised to sell the land to B for a specified sum. X, Y and Z, being

competent to contract, consent that A may sell the land to C for a less sum. A may sell the land accordingly.

(c) A, a trustee for B and her children, is directed by the author of the trust to lend, on B’s request, trust-property to B’s

husband, C, on the security of his bond. C becomes insolvent and B requests A to make the loan. A may refuse to make it.

**12. Trustee to inform himself of state of trust-property.—A** trustee is bound to acquaint

himself, as soon as possible, with the nature and circumstances of the trust-property; to obtain,
where necessary, a transfer of the trust-property to himself; and (subject to the provisions of the
instrument of trust) to get in trust-moneys invested on insufficient or hazardous security.

_Illustrations_

(a) The trust-property is a debt outstanding on personal security. The instrument of trust gives the trustee no discretionary

power to leave the debt so outstanding. The trustee’s duty is to recover the debt without unnecessary delay.

(b) The trust-property is money in the hands of one of two co-trustees. No discretionary power is given by the instrument of

trust. The other co-trustee must not allow the former to retain the money for a longer period than the circumstances of the case
required.

**13. Trustee to protect title to trust-property.—A** trustee is bound to maintain and defend

all such suits, and (subject to the provisions of the instrument of trust) to take such other steps
as, regard being had to the nature and amount or value of the trust-property, may be reasonably
requisite for the preservation of the trust-property and the assertion or protection of the title
thereto.

_Illustration_

The trust-property is immoveable property which has been given to the author of the trust by an unregistered instrument.

Subject to the provisions of the Indian Registration Act, 1877[1] (3 of 1877), the trustee’s duty is to cause the instrument to be
registered.

**14. Trustee not to set up title adverse to beneficiary.—The** trustee must not for himself

or another set-up or aid any title to the trust-property adverse to the interest of the beneficiary.

**15. Care required from trustee.—A** trustee is bound to deal with the trust-property as

carefully as a man of ordinary prudence would deal with such property if it were his own; and, in the
absence of a contract to the contrary, a trustee so dealing is not responsible for the loss, destruction or
deterioration of the trust-property.

_Illustrations_

(a) A, living in Calcutta, is a trustee for B, living in Bombay. A remits trust-funds to B by bills drawn by a

person of undoubted credit in favour of the trustee as such, and payable at Bombay. The bills are dishonoured. A is
not bound to make good the loss.

(b) A, a trustee of leasehold property, directs the tenant to pay the rents on account of the trust to a banker, B, then

in credit. The rents are accordingly paid to B, and A leaves the money with B only till wanted. Before the money is
drawn out, B becomes insolvent. A, having had no reason to believe that B was in insolvent circumstances, is not bound
to make good the loss.

(c) A, a trustee of two debts for B, releases one and compounds the other, in good faith, and reasonably

believing that it is for B’s interest to do so. A is not bound to make good any loss caused thereby to B.

1. _See now the Indian Registration Act, 1908 (16 of 1908)._

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(d) A, a trustee directed to sell the trust-property by auction, sells the same, but does not advertise the sale and

otherwise fails in reasonable diligence in inviting competition. A is bound to make good the loss caused thereby to the
beneficiary.

(e) A, a trustee for B, in execution of his trust, sells the trust-property, but from want of due diligence on his

part fails to receive part of the purchase-money. A is bound to make good the loss thereby caused to B.

(f) A, a trustee for B of a policy of insurance, has funds in hand for payment of the premiums. A neglects to

pay the premiums, and the policy is consequently forfeited. A is bound to make good the loss to B.

(g) A bequeaths certain moneys to B and C as trustees, and authorises them to continue trust-moneys upon the

personal security of a certain firm in which A had himself invested them. A dies, and a change takes place in the
firm. B and C must not permit the moneys to remain upon the personal security of the new firm.

(h) A, a trustee for B, allows the trust to be executed solely by his co-trustee, C. C misapplies the trust-property. A is

personally answerable for the loss resulting to B.

**16. Conversion of perishable property.—Where the trust is created for the benefit of several**

persons in succession, and the trust-property is of a wasting nature or a future or reversionary
interest, the trustee is bound, unless an intention to the contrary may be inferred from the
instrument of trust, to convert the property into property of a permanent and immediately profitable
character.

_Illustrations_

(a) A bequeaths to B all his property in trust for C during his life, and on his death for D, and on D ’s death

for E. A’s property consists of three leasehold houses, and there is nothing in A’s will to show that he intended the
houses to be enjoyed in specie. B should sell the houses, and invest the proceeds in accordance with section 20.

(b) A bequeaths to B his three leasehold houses in Calcutta and all the furniture therein in trust for C during his

life, and on his death for D, and on D’s death for E. Here an intention that the houses and furniture should be
enjoyed in specie appears clearly, and B should not sell them.

**17. Trustee to be impartial.—Where there are more beneficiaries than one, the trustee is bound**

to be impartial, and must not execute the trust for the advantage of one at the expense of another.

Where the trustee has a discretionary power, nothing in this section shall be deemed to

authorize the Court to control the exercise reasonably and in good faith of such discretion.

_Illustration_

A, a trustee for B, C and D, is empowered to choose between several specified modes of investing the trust 
property. A in good faith chooses one of these modes. The Court will not interfere, although the result of the
choice may be to vary the relative rights of B, C and D.

**18. Trustee to prevent waste.—Where the trust is created for the benefit of several persons in**

succession and one of them is in possession of the trust-property, if he commits, or threatens to commit,
any act which is destructive or permanently injurious thereto, the trustee is bound to take measures to
prevent such act.

**19. Accounts and information.—A trustee is bound (a)** to keep clear and accurate accounts of the

trust- property, and (b), at all reasonable times, at the request of the beneficiary, to furnish him with full
and accurate information as to the amount and state of the trust-property.

**1[20. Investment of trust-money.—Where** the trust-property consists of money and cannot be

applied immediately or at an early date to the purposes of the trust, the trustee shall, subject to any
direction contained in the instrument of trust, invest the money in any of the securities or class of
securities expressly authorised by the instrument of trust or as specified by the Central
Government, by notification in the Official Gazette:

Provided that where there is a person competent to contract and entitled in possession to

receive the income of the trust-property for his life, or for any greater estate, no investment
in any of the securities or class of securities mentioned above shall be made without his
consent in writing.

1. Subs. by Act 34 of 2016, s. 2, for s. 20 (w.e.f. 17-4-2017).

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_Explanation.—For the purposes of this section, the expression “securities” shall have the_

same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts
(Regulation) Act, 1956 (42 of 1956).]

1[20A. Power to purchase redeemable stock at a premium.—(1) A trustee may invest in any of the

securities mentioned or referred to in section 20, notwithstanding that the same may be redeemable and
that the price exceeds the redemption value:

2*  -  -  -  
(2) A trustee may retain until redemption any redeemable stock, fund or security which may have

been purchased in accordance with this section.]

**21. Mortgage of land pledged to Government under Act 26 of 1871. Deposit in Government**

**Savings Bank.—Nothing in section 20 shall apply to investments made before this Act comes into**
force, or shall be deemed to preclude an investment on a mortgage of immoveable property already
pledged as security for an advance under the Land Improvement Act, 1871 [3], or, in case the
trust-money does not exceed three thousand rupees, a deposit thereof in a Government Savings Bank.

**22. Sale by trustee directed to sell within specified time.—Where a trustee directed to sell within** a

specified time extends such time, the burden of proving, as between himself and the beneficiary, that the
latter is not prejudiced by the extension lies upon the trustee, unless the extension has been authorised by
a principal Civil Court of original jurisdiction.

_Illustration_

A bequeaths property to B, directing him with all convenient speed and within five years to sell it, and apply the proceeds

for the benefit of C. In the exercise of reasonable discretion, B postpones the sale for six years. The sale is not thereby rendered
invalid, but C, alleging that he has been injured by the postponement, institutes a suit against B to obtain compensation. In such
suit the burden of proving that C has not been injured lies on B.

**23. Liability for breach of trust.—Where** the trustee commits a breach of trust, he is liable to

make good the loss which the trust-property or the beneficiary has thereby sustained, unless the
beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being
competent to contract, has himself, without coercion or undue influence having been brought to bear
on him, concurred in the breach, or subsequently acquiesced therein, with full knowledge of the
facts of the case and of his rights as against the trustee.

A trustee committing a breach of trust is not liable to pay interest except in the following cases:—

(a) where he has actually received interest;

(b) where the breach consists in unreasonable delay in paying trust-money to the beneficiary;

(c) where the trustee ought to have received interest, but has not done so;

(d) where he may be fairly presumed to have received interest;

He is liable, in case (a), to account for the interest actually received, and, in cases (b), (c) and

(d), to account for simple interest at the rate of six per cent. per annum, unless the Court otherwise
directs.

1. Ins. by Act 1 of 1916, s. 3.
2. The proviso omitted by Act 34 of 2016, s. 3 (w.e.f. 17-4-2017).
3. See now the Land Improvement Loans Act, 1883 (19 of 1883).

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(e) where the breach consists in failure to invest trust-money and to accumulate the interest or

dividends thereon, he is liable to account for compound interest (with half-yearly rests) at the same
rate;

(f) where the breach consists in the employment of trust-property or the proceeds thereof in

trade or business, he is liable to account, at the option of the beneficiary, either for compound
interest (with half-yearly rests) at the same rate, or for the net profits made by such employment.

_Illustrations_

(a) A trustee improperly leaves trust-property outstanding, and it is consequently lost: he is liable to make good the property

lost, but he is not liable to pay interest thereon.

(b) A bequeaths a house to B in trust to sell it and pay the proceeds to C. B neglects to sell the house for a great length of

time, whereby the house is deteriorated and its market-price falls. B is answerable to C for the loss.

(c) A trustee is guilty of unreasonable delay in investing trust-money in accordance with section 20, or in paying it to the

beneficiary. The trustee is liable to pay interest thereon for the period of the delay.

(d) The duty of the trustee is to invest trust-money in any of the securities mentioned in section 20, clause (a), (b), (c) or (d).

Instead of so doing, he retains the money in his hands. He is liable, at the option of the beneficiary, to be charged either with the
amount of the principal money and interest, or with the amount of such securities as he might have purchased with the trustmoney when the investment should have been made, and the intermediate dividends and interest thereon.

(e) The instrument of trust directs the trustee to invest trust-money either in any of such securities or on mortgage of

immoveable property. The trustee does neither. He is liable for the principal money and interest.

(f) The instrument of trust directs the trustee to invest trust-money in any of such securities and to accumulate the dividends

thereon. The trustee disregards the direction. He is liable, at the option of the beneficiary, to be charged either with the amount of
the principal money and compound interest, or with the amount of such securities as he might have purchased with the trustmoney when the investment should have been made, together with the amount of the accumulation which would have arisen from
a proper investment of the intermediate devidends.

(g) Trust-property is invested in one of the securities mentioned in section 20, clause (a), (b), (c) or (d). The trustee sells

such security for some purpose not authorised by the terms of the instrument of trust. He is liable, at the option of the beneficiary,
either to replace the security with the intermediate dividends and interest thereon, or to account for the proceeds of the sale with
interest thereon.

(h) The trust-property consists of land. The trustee sells the land to a purchaser for a consideration without notice of the

trust. The trustee is liable, at the option of the beneficiary, to purchase other land of equal value to be settled upon the like trust,
or to be charged with the proceeds of the sale with interest.

**24. No set-off allowed to trustee.—A** trustee who is liable for a loss occasioned by a

breach of trust in respect of one portion of the trust-property cannot set-off against his
liability a gain which has accrued to another portion of the trust-property through another
and distinct breach of trust.

**25. Non-liability for predecessor’s default.—Where** a trustee succeeds another, he is not, as such,

liable for the acts or defaults of his predecessor.

**26. Non-liability for co-trustee’s default.—Subject** to the provisions of sections 13 and

15, one trustee is not, as such, liable for a breach of trust committed by his co -trustee:

Provided that, in the absence of an express declaration to the contrary in the instrument of trust, a

trustee is so liable—

(a) where he has delivered trust-property to his co-trustee without seeing to its proper

application;

(b) where he allows his co-trustee to receive trust-property and fails to make due

enquiry as to the co-trustee’s dealings therewith, or allows him to retain it longer than the
circumstances of the case reasonably require;

(c) where he becomes aware of a breach of trust committed or intended by his co-trustee, and

either actively conceals it or does not within a reasonable time take proper steps to protect the
beneficiary’s interest.

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**Joining in receipt for conformity.—A** co-trustee who joins in signing a receipt for trust
property and proves that he has not received the same is not answerable, by reason of such
signature only, for loss or misapplication of the property by his co-trustee.

_Illustration_

A bequeaths certain property to B and C, and directs [.]them to sell it and invest the proceeds for the benefit of D.

B and C accordingly sell the property, and the purchase-money is received by B and retained in his hands. C pays no
attention to the matter for two years and then calls on B to make the investment. B is unable to do so, becomes
insolvent, and the purchase-money is lost. C may be compelled to make good the amount.

**27. Several liability of co-trustees.—Where** co-trustees jointly commit a breach of trust,

or where one of them by his neglect enables the other to commit a breach of trust, each is
liable to the beneficiary for the whole of the loss occasioned by such breach.

**Contribution as between co-trustees.—But** as between the trustees themselves, if one be

less guilty than another and has had to refund the loss, the former may compel the latter, or
his legal representative to the extent of the assets he has received, to make good such loss;
and if all be equally guilty, any one or more of the trustees who has had to refund the loss
may compel the others to contribute.

Nothing in this section shall be deemed to authorise a trustee who has been guilty of

fraud to institute a suit to compel contribution.

**28. Non-liability of trustee paying without notice of transfer by beneficiary.—When**

any beneficiary’s interest becomes vested in another person, and the trustee, not having notice
of the vesting, pays or delivers trust-property to the person who would have been entitled
thereto in the absence of such vesting, the trustee is not liable for the property so paid or
delivered.

**29. Liability of trustee where beneficiary’s interest is forfeited to the Government.—When** the

beneficiary’s interest is forfeited or awarded by legal adjudication [1][to the Government], the trustee is
bound to hold the trust-property to the extent of such interest for the benefit of such person in such
manner as [2][the State Government] may direct in this behalf.

**30. Indemnity of trustees.—Subject to the provisions of the instrument of trust and of**

sections 23 and 26, trustees shall be respectively chargeable only for such moneys, stocks,
funds and securities as they respectively actually receive, and shall not be answerable the one
for the other of them, nor for any banker, broker or other person in whose hands any
trust-property may be placed, nor for the insufficiency or deficiency of any stocks, funds or
securities, nor otherwise for involuntary losses.

CHAPTER IV

OF THE RIGHTS AND POWERS OF TRUSTEES

**31. Right to title-deed.—A** trustee is entitled to have in his possession the instrument of trust and all

the documents of title (if any) relating solely to the trust-property.

**32. Right to reimbursement of expenses.—Every** trustee may reimburse himself, or pay

or discharge out of the trust-property, all expenses properly incurred in or about the execution
of the trust, or the realisation, preservation or benefit of the trust-property, or the protection
or support of the beneficiary.

If he pays such expenses out of his own pocket he has a first charge upon the trust-property

for such expenses and interest thereon; but such charge (unless the expenses have been incurred
with the sanction of a principal Civil Court of original jurisdiction) shall be enforced only by
prohibiting and disposition of the trust-property without previous payment of such expenses and
interest.

1. The words “to Government” successively amended by the A.O. 1937 and the A.O. 1950 to read as above.
2. Subs. by the A.O. 1937, for “the Government”.

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If the trust-property fail, the trustee is entitled to recover from the beneficiary per sonally

on whose behalf he acted, and at whose request, expressed or implied, he made the payment,
the amount of such expenses.

**Right to be recouped for erroneous over-payment.—Where** a trustee has by mistake made

an over-payment to the beneficiary, he may reimburse the trust-property out of the beneficiary’s
interest. If such interest fail, the trustee is entitled to recover from the beneficiary personally the
amount of such over-payment.

**33. Right to indemnity from gainer by breach of trust.—A** person other than a trustee

who has gained an advantage from a breach of trust must indemnify the trustee to the extent
of the amount actually received by such person under the breach; and where he is a
beneficiary the trustee has a charge on his interest for such amount.

Nothing in this section shall be deemed to entitle a trustee to be indemnified who has, in committing

the breach of trust, been guilty of fraud.

**34. Right to apply to Court for opinion in management of trust-property.—Any** trustee

may, without instituting a suit, apply by petition to a principal Civil Court of original
jurisdiction for its opinion, advice or direction on any present questions respecting the
management or administration of the trust-property other than questions of detail, difficulty or
importance, not proper in the opinion of the Court for summary disposal.

A copy of such petition shall be served upon, and the hearing thereof may be attended by,

such of the persons interested in the application as the Court thinks fit.

The trustee stating in good faith the facts in such petition and acting upon the opinion, advice

or direction given by the Court shall be deemed, so far as regards his own responsibility, to have
discharged his duty as such trustee in the subject-matter of the application.

The costs of every application under this section shall be in the discretion of the Court to which it is

made.

**35. Right to settlement of accounts.—When the** duties of a trustee, as such, are completed,

he is entitled to have the accounts of his administration of the trust-property examined and settled;
and, where nothing is due to the beneficiary under the trust, to an acknowledgment in writing to
that effect.

**36. General authority of trustee.—In addition to the** powers expressly conferred by this

Act and by the instrument of trust, and subject to the restrictions, if any, contained in such
instrument, and to the provisions of section 17, a trustee may do all acts which are reasonable
and proper for the realisation, protection or benefit of the trust-property, and for the protection
or support of a beneficiary who is not competent to contract.

1*  -  -  -  
Except with the permission of a principal Civil Court of original jurisdiction, no trustee shall

lease trust-property for a term exceeding twenty-one years from the date of executing the lease,
nor without reserving the best yearly rent that can be reasonably obtained.

**37. Power to sell in lots, and either by public auction or private contract.—Where the**

trustee is empowered to sell any trust-property, he may sell the same subject to prior charges or
not, and either together or in lots, by public auction or private contract, and either at one time or
at several times, unless the instrument of trust otherwise directs.

**38. Power to sell under special conditions. Power to buy-in and re-sell.—The** trustee

making any such sale may insert such reasonable stipulations either as to title or evidence of title,
or otherwise, in any conditions of sale or contract for sale, as he thinks fit; and may also buy-in
the property or any part thereof at any sale by auction, and rescind or vary any contract for sale,

1. Second paragraph rep. by Act 12 of 1891, s. 2 and I Schedule.

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and re-sell the property so bought in, or as to which the contract is so rescinded, without being
responsible to the beneficiary for any loss occasioned thereby.

**Time allowed for selling trust-property.—Where** a trustee is directed to sell trust-property or to

invest trust-money in the purchase of property, he may exercise a reasonable discretion as to the time of
effecting the sale or purchase.

_Illustrations_

(a) A bequeaths property to B, directing him to sell it with all convenient speed and pay the proceeds to C. This does not

render an immediate sale imperative.

(b) A bequeaths property to B, directing him to sell it at such time and in such manner as he shall think fit and

invest the proceeds for the benefit of C. This does not authorise B, as between him and C, to postpone the sale to an
indefinite period.

**39. Power to convey.—For** the purpose of completing any such sale, the trustee shall have power to

convey or otherwise dispose of the property sold in such manner as may be necessary.

**40. Power to vary investments.—A** trustee may, at his discretion, call in any trust-property

invested in any security and invest the same on any of the securities mentioned or referred to in
section 20, and from time to time vary any such investments for others of the same nature:

Provided that, where there is a person competent to contract and entitled at the time to

receive the income of the trust-property for his life, or for any greater estate, no such change of
investment shall be made without his consent in writing.

**41. Power to apply property of minors, etc., for their maintenance, etc.—Where** any

property is held by a trustee in trust for a minor, such trustee may, at his discretion, pay to the
guardians (if any) of such minor, or otherwise apply for or towards his maintenance or education
or advancement in life, or the reasonable expenses of his religious worship, marriage or funeral,
the whole or any part of the income to which he may be entitled in respect of such property; and such
trustee shall accumulate all the residue of such income by way of compound interest, by investing the
same and the resulting income thereof from time to time in any of the securities mentioned or referred to
in section 20, for the benefit of the person who shall ultimately become entitled to the property from
which such accumulations have arisen:

Provided that such trustee may, at any time, if he thinks fit, apply the whole or any part of such

accumulations as if the same were part of the income arising in the then current year.

Where the income of the trust-property is insufficient for the minor’s maintenance or education or

advancement in life, or the reasonable expenses of his religious worship, marriage or funeral, the trustee
may, with the permission of a principal Civil Court of original jurisdiction, but not otherwise, apply the
whole or any part of such property for or towards such maintenance, education, advancement or expenses.

Nothing in this section shall be deemed to affect the provisions of any local law for the time being in

force relating to the persons and property of minors.

**42. Power to give receipts.—Any trustees or trustee may give a receipt in** writing for any

money, securities or other moveable property payable, transferable or deliverable to them or him
by reason, or in the exercise, of any trust or power; and, in the absence of fraud, such receipt shall
discharge the person paying, transferring or delivering the same therefrom, and from seeing to the
application thereof, or being accountable for any loss or misapplication thereof.

**43. Power to compound, etc.—Two** or more trustees acting together may, if and as they think fit—

(a) accept any composition or any security for any debt or for any property claimed;

(b) allow any time for payment of any debt;

(c) compromise, compound, abandon, submit to arbitration or otherwise settle any debt, account,

claim or thing whatever relating to the trust; and

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(d) for any of those purposes, enter into, give, execute and do such agreements, instruments

of composition or arrangement, releases and other things as to them seem expedient, without
being responsible for any loss occasioned by any act or thing so done by them in good faith.

The powers conferred by this section on two or more trustees acting together may be

exercised by a sole acting trustee when by the instrument of trust, if any, a sole trustee is
authorized to execute the trusts and powers thereof.

This section applies only if and as far as a contrary intention is not expressed in the

instrument of trust, if any, and shall have effect subject to the terms of that instrument and to the
provisions therein contained.

This section applies only to trusts created after this Act comes into force.

**44. Power to several trustees of whom one disclaims or dies.—When an authority to deal**

with the trust-property is given to several trustees and one of them disclaims or dies, the authority
may be exercised by the continuing trustees, unless from the terms of the instrument of trust it is
apparent that the authority is to be exercised by a number in excess of the number of the remaining
trustees.

**45. Suspension of trustee’s powers by decree.—Where** a decree has been made in a suit

for the execution of a trust, the trustee must not exercise any of his powers except in conformity with such
decree, or with the sanction of the Court by which the decree has been made, or, where an appeal against
the decree is pending, of the Appellate Court.

CHAPTER V

OF THE DISABILITIES OF TRUSTEES

**46. Trustee cannot renounce after acceptance.—** A trustee who has accepted

the trust cannot afterwards renounce it except ( _a)_ with the permission of a principal
Civil Court of original jurisdiction, or ( _b)_ if the beneficiary is competent to
contract, with his consent, or ( _c)_ by virtue of a special power in the instrument of
trust.

**47. Trustee cannot delegate.—A trustee cannot delegate his office or any of his**

duties either to a co-trustee or to a stranger, unless (a) the instrument of trust so
provides, or (b) the delegation is in the regular course of business, or (c) the delegation
is necessary, or (d) the beneficiary, being competent to contract, consents to the
delegation.

_Explanation.—The_ appointment of an attorney or proxy to do an act merely

ministerial and involving no independent discretion is not a delegation within the
meaning of this section.

_Illustrations_

(a) A bequeaths certain property to B and C on certain trusts to be executed by them or the survivor of them

or the assigns of such survivor. B dies. C may bequeath the trust-property to D and E upon the trusts of A’s will.

(b) A is a trustee of certain property with power to sell the same. A may employ an auctioneer to effect the

sale.

(c) A bequeaths to B fifty houses let at monthly rents in trust to collect the rents and pay them to C. B may employ a proper

person to collect these rents.

**48. Co-trustees cannot act singly.—When there are more trustees than one, all**

must join in the execution of the trust, except where the instrument of trust otherwise
provides.

**49. Control of discretionary power.—Where a discretionary power conferred on** a

trustee is not exercised reasonably and in good faith, such power may be controlled by a
principal Civil Court of original jurisdiction.

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**50. Trustee may not charge for services.—In the** absence of express directions

to the contrary contained in the instrument of trust or of a contract to the contrary
entered into with the beneficiary or the Court at the time of accepting the trust, a
trustee has no right to remuneration for his trouble, skill and loss of time in
executing the trust.

Nothing in this section applies to any Official Trustee, Administrator General, Public

Curator, or person holding a certificate of administration.

**51. Trustee may not use trust-property for his own profit.—A trustee may not** use

or deal with the trust-property for his own profit or for any other purpose unconnected
with the trust.

**52. Trustee for sale or his agent may not buy.—No** trustee whose duty it is to sell

trust-property, and no agent employed by such trustee for the purpose of the sale, may,
directly or indirectly, buy the same or any interest therein, on his own account or as
agent for a third person.

**53. Trustee may not buy beneficiary’s interest without permission.—No trustee, and no**

person who has recently ceased to be a trustee, may, without the permission of a principal Civil Court of
original jurisdiction, buy or become mortgagee or lessee of the trust-property or any part thereof; and
such permission shall not be given unless the proposed purchase, mortgage or lease is manifestly for the
advantage of the beneficiary.

**Trustee for purchase.—And** no trustee whose duty it is to buy or to obtain a mortgage

or lease of particular property for the beneficiary may buy it, or any part thereof, or obtain a
mortgage or lease of it, or any part thereof, for himself.

**54. Co-trustees may not lend to one of themselves.—A trustee or co-trustee whose duty it**

is to invest trust-money on mortgage or personal security must not invest it on a mortgage by,
or on the personal security of, himself or one of his co-trustees.

CHAPTER VI

OF THE RIGHTS AND LIABILITIES OF THE BENEFICIARY

**55. Rights to rents and profits.—The** beneficiary has, subject to the provisions of the

instrument of trust, a right to the rents and profits of the trust-property.

**56. Right to specific execution.—The** beneficiary is entitled to have the intention of the

author of the trust specifically executed to the extent of the beneficiary’s interest;

**Right to transfer of possession.—and,** where there is only one beneficiary and he is

competent to contract, or where there are several beneficiaries and they are competent to
contract and all of one mind, he or they may require the trustee to transfer the trust -property
to him or them, or to such person as he or they may direct.

When property has been transferred or bequeathed for the benefit of a married woman, so

that she shall not have power to deprive herself of her beneficial interest, nothing in the second
clause of this section applies to such property during her marriage.

_Illustrations_

Certain Government securities are given to trustees upon trust to accumulate the interest until A attains the age of 24, and

then to transfer the gross amount to him. A on attaining majority may, as the person exclusively interested in the trust-property,
require the trustees to transfer it immediately to him.

A bequeaths Rs.10,000 to trustees upon trust to purchase an annuity for B, who has attained his majority and is otherwise

competent to contract. B may claim the Rs. 10,000.

A transfers certain property to B and directs him to sell or invest it for the benefit of C, who is competent to contract. C may

elect to take the property in its original character.

**57. Right to inspect and take copies of instrument of trust, accounts, etc.—The** beneficiary

has a right, as against the trustee and all persons claiming under him with notice of the trust, to

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inspect and take copies of the instrument of trust, the documents of title relating solely to the
trust-property, the accounts of the trust-property and the vouchers (if any) by which they are
supported, and the cases submitted and opinions taken by the trustee for his guidance in the
discharge of his duty.

**58. Right to transfer beneficial interest.—The** beneficiary, if competent to contract, may

transfer his interest, but subject to the law for the time being in force as to the circumstances
and extent in and to which he may dispose of such interest:

Provided that when property is transferred or bequeathed for the benefit of a married

woman, so that she shall not have power to deprive herself of her beneficial interest, nothing
in this section shall authorise her to transfer such interest during her marriage.

**59. Right to sue for execution of trust.—Where** no trustees are appointed or all the

trustees die, disclaim or are discharged, or where for any other reason the execution of a
trust by the trustee is or becomes impracticable, the beneficiary may institute a suit for the execution of
the trust, and the trust shall, so far as may be possible, be executed by the Court until the appointment of a
trustee or new trustee.

**60. Right to proper trustees.—The** beneficiary has a right (subject to the provisions of

the instrument of trust) that the trust-property shall be properly protected and held and
administered by proper persons and by a proper number of such persons.

_Explanation I.—The_ following are not proper persons within the meaning of this section:—

A person domiciled abroad: an alien enemy: a person having an interest inconsistent with that of the

beneficiary: a person in insolvent circumstances; and, unless the personal law of the beneficiary allows
otherwise, a married woman and a minor.

_Explanation II.—When_ the administration of the trust involves the receipt and custody of money, the

number of trustees should be two at least.

_Illustrations_

(a) A, one of several beneficiaries, proves that B, the trustee, has improperly disposed of part of the trust-property, or that

the property is in danger from B’s being in insolvent circumstances, or that he is incapacitated from acting as trustee. A may
obtain a receiver of the trust-property.

(b) A bequeaths certain jewels to B in trust for C. B dies during A’s lifetime; then A dies. C is entitled to have the property

conveyed to a trustee for him.

(c) A conveys certain property to four trustees in trust for B. Three of the trustees die. B may institute a suit to have three

new trustees appointed in the place of the deceased trustees.

(d) A conveys certain property to three trustees in trust for B. All the trustees disclaim. B may institute a suit to have three

trustees appointed in place of the trustees so disclaiming.

(e) A, a trustee for B, refuses to act, or goes to reside permanently out of [1][India], or is declared an insolvent, or compounds

with his creditors, or suffers a co-trustee to commit a breach of trust. B may institute a suit to have A removed and a new trustee
appointed in his room.

**61. Right to compel to any act of duty.—The** beneficiary has a right that his trustee shall be

compelled to perform any particular act of his duty as such, and restrained from committing any
contemplated or probable breach of trust.

_Illustrations_

(a) A contracts with B to pay him monthly Rs.100 for the benefit of C. B writes and signs a letter declaring that he will hold

in trust for C the money so to be paid. A fails to pay the money in accordance with his contract. C may compel B on a proper
indemnity to allow C to sue on the contract in B’s name.

(b) A is trustee of certain land, with a power to sell the same and pay the proceeds to B and C equally. A is about to

make an improvident sale of the land. B may sue on behalf of himself and C for an injunction to restrain A from making
the sale.

1. Subs. by the A.O. 1950, for “the Provinces”.

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**62. Wrongful purchase by trustee.—Where** a trustee has wrongfully bought trust-property,

the beneficiary has a right to have the property declared subject to the trust or retransferred by the
trustee, if it remains in his hands unsold, or, if it has been bought from him by any person with
notice of the trust, by such person. But in such case the beneficiary must repay the purchase-money
paid by the trustee, with interest, and such other expenses (if any) as he has properly incurred in
the preservation of the property; and the trustee or purchaser must (a) account for the net profits of
the property, (b) be charged with an occupation-rent, if he has been in actual possession of the
property, and (c) allow the beneficiary to deduct a proportionate part of the purchase-money if the
property has been deteriorated by the acts or omissions of the trustee or purchaser.

Nothing in this section—

(a) impairs the rights of lessees and others who, before the institution of a suit to have the

property declared subject to the trust or retransferred, have contracted in good faith with the trustee or
purchaser; or

(b) entitles the beneficiary to have the property declared subject to the trust or retransferred

where he, being competent to contract, has himself, without coercion or undue influence having been
brought to bear on him, ratified the sale to the trustee with full knowledge of the facts of the case and
of his rights as against the trustee.

**63. Following trust-property—into the hands of third persons;—Where trust-property comes**

into the hands of a third person inconsistently with the trust, the beneficiary may require him to admit
formally, or may institute a suit for a declaration, that the property is comprised in the trust.

**into that into which it has been converted.—Where the trustee has disposed of trust-property**

and the money or other property which he has received therefor can be traced in his hands, or the
hands of his legal representative or legatee, the beneficiary has, in respect thereof, rights as nearly as
may be the same as his rights in respect of the original trust-property.

_Illustrations_

(a) A, a trustee for B of Rs. 10,000, wrongfully invests the Rs. 10,000 in the purchase of certain land. B is entitled to the

land.

(b) A, a trustee, wrongfully purchases land in his own name, partly with his own money, partly with money

subject to a trust for B. B is entitled to a charge on the land for the amount of the trust -money so misemployed.

**64. Saving of rights of certain transferees.—Nothing in section 63 entitles the beneficiary to any**

right in respect of property in the hands of—

(a) a transferee in good faith for consideration without having notice of the trust, either when the

purchase-money was paid, or when the conveyance was executed, or

(b) a transferee for consideration from such a transferee.

A judgment-creditor of the trustee attaching and purchasing trust-property is not a transferee for

consideration within the meaning of this section.

Nothing in section 63 applies to money, currency notes and negotiable instruments in the hands of a

_bona fide holder to whom they have passed in circulation, or shall be deemed to affect the Indian Contract_
Act, 1872 (9 of 1872), section 108, or the liability of a person to whom a debt or charge is transferred.

**65. Acquisition by-trustee of trust-property wrongfully converted.—Where a trustee wrongfully**

sells or otherwise transfers trust-property and afterwards himself becomes the owner of the property, the
property again becomes subject to the trust, notwithstanding any want of notice on the part of intervening
transferees in good faith for consideration.

**66. Right in case of blended property.—Where the trustee wrongfully mingles the trust-**

property with his own, the beneficiary is entitled to a charge on the whole fund for the amount due
to him.

**67. Wrongful employment by partner-trustee of trust-property for partnership purposes.—**

If a partner, being a trustee, wrongfully employs trust-property in the business or on the account of

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the partnership, no other partner is liable therefor in his personal capacity to the beneficiaries, unless
he had notice of the breach of trust.

The partners having such notice are jointly and severally liable for the breach of trust.

_Illustrations_

(a) A and B are partners. A dies, having bequeathed all his property to B in trust for Z, and appointed B his sole executor. B,

instead of winding up the affairs of the partnership, retains all the assets in the business. Z may compel him, as partner, to
account for so much of the profits as are derived from A’s share of the capital. B is also answerable to Z for the improper
employment of A’s assets.

(b) A, a trader, bequeaths his property to B in trust for C, appoints B his sole executor, and dies. B enters into partnership

with X and Y in the same trade, and employs A’s assets in the partnership-business. B gives an indemnity to X and Y against the
claims of C. Here X and Y are jointly liable with B to C as having knowingly become parties to the breach of trust committed by
B.

**68. Liability of beneficiary joining in breach of trust.—Where** one of several beneficiaries—

(a) joins in committing breach of trust, or

(b) knowingly obtains any advantage therefrom, without the consent of the other beneficiaries, or

(c) becomes aware of a breach of trust committed or intended to be committed, and either

actually conceals it, or does not within a reasonable time take proper steps to protect the interests of
the other beneficiaries, or

(d) has deceived the trustee and thereby induced him to commit a breach of trust,

the other beneficiaries are entitled to have all his beneficial interest impounded as against him and
all who claim under him (otherwise than as transferees for consideration without notice of the
breach) until the loss caused by the breach has been compensated.

When property has been transferred or bequeathed for the benefit of a married woman, so that

she shall not have power to deprive herself of her beneficial interest, nothing in this section applies
to such property during her marriage.

**69. Rights and liabilities of beneficiary’s transferee.—Every** person to whom a beneficiary

transfers his interest has the rights, and is subject to the liabilities, of the beneficiary in respect of such
interest at the date of the transfer.

CHAPTER VII

OF VACATING THE OFFICE OF TRUSTEES

**70. Office how vacated.—The office of a trustee is vacated by his death or by his discharge from his**

office.

**71. Discharge of trustee.—The** trustee may be discharged from his office only as follows:—

(a) by the extinction of the trust;

(b) by the completion of his duties under the trust;

(c) by such means as may be prescribed by the instrument of trust;

(d) by appointment under this Act of a new trustee in his place;

(e) by consent of himself and the beneficiary, or, where there are more beneficiaries than one, all

the beneficiaries being competent to contract, or

(f) by the Court to which a petition for his discharge is presented under this Act.

**72. Petition to be discharged from trust.—Notwithstanding** the provisions of section 11,

every trustee may apply by petition to a principal Civil Court of original jurisdiction to be
discharged from his office; and if the Court finds that there is sufficient reason for such discharge,
it may discharge him accordingly, and direct his costs to be paid out of the trust-property. But

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where there is no such reason, the Court shall not discharge him, unless a proper person can be
found to take his place.

**73. Appointment of new trustees on death, etc.—Whenever** any person appointed a trustee

disclaims, or any trustee, either original or substituted, dies, or is for a continuous period of six months
absent from [1][India], or leaves [1][India] for the purpose of residing abroad, or is declared an insolvent, or
desires to be discharged from the trust, or refuses or becomes, in the opinion of a principal Civil Court of
original jurisdiction, unfit or personally incapable to act in the trust, or accepts an inconsistent trust, a new
trustee may be appointed in his place by—

(a) the person nominated for that purpose by the instrument of trust (if any), or

(b) if there be no such person, or no such person able and willing to act, the author of the

trust if he be alive and competent to contract, or the surviving or continuing trustees or trustee
for the time being, or legal representative of the last surviving and continuing trustee, or (with
the consent of the Court) the retiring trustees, if they all retire simultaneously, or (with the
like consent) the last retiring trustee.

Every such appointment shall be by writing under the hand of the person making it. On an

appointment of a new trustee the number of trustees may be increased.

The Official Trustee may, with his consent and by the order of the Court, be appointed under this

section, in any case in which only one trustee is to be appointed and such trustee is to be the sole trustee.

The provisions of this section relative to a trustee who is dead include the case of a person nominated

trustee in a will but dying before the testator, and those relative to a continuing trustee include a refusing
or retiring trustee if willing to act in the execution of the power.

**74. Appointment by Court.—Whenever** any such vacancy or disqualification occurs and it is

found impracticable to appoint a new trustee under section 73, the beneficiary may, without instituting
a suit, apply by petition to a principal Civil Court of original jurisdiction for the appointment of a
trustee or a new trustee, and the Court may appoint a trustee or a new trustee accordingly.

**Rule for selecting new trustees.—In** appointing new trustees, the Court shall have regard (a)

to the wishes of the author of the trust as expressed in or to be inferred from the instrument of
trust; (b) to the wishes of the person, if any, empowered to appoint new trustees; (c) to the question
whether the appointment will promote or impede the execution of the trust; and (d) where there are
more beneficiaries than one, to the interests of all such beneficiaries.

**75. Vesting of trust-property in new trustees.—Whenever** any new trustee is appointed under

section 73 or section 74, all the trust-property for the time being vested in the surviving or continuing
trustees or trustee, or in the legal representative of any trustee, shall become vested in such new trustee,
either solely or jointly with the surviving or continuing trustees or trustee, as the case may require.

**Powers of new trustees.—Every** new trustee so appointed, and every trustee appointed by a

Court either before or after the passing of this Act, shall have the same powers, authorities and
discretions, and shall in all respects act, as if he had been originally nominated a trustee by the
author of the trust.

**76. Survival of trust.—On** the death or discharge of one of several co-trustees, the trust

survives and the trust-property passes to the others, unless the instrument of trust expressly declares
otherwise.

CHAPTER VIII

OF THE EXTINCTION OF TRUSTS

**77. Trust how extinguished.—A** trust is extinguished—

(a) when its purpose is completely fulfilled; or

1. Subs. by the A.O. 1950, for “the Provinces”.

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(b) when its purpose becomes unlawful; or

(c) when the fulfilment of its purpose becomes impossible by destruction of the trust-property or

otherwise; or

(d) when the trust, being revocable, is expressly revoked.

**78. Revocation of trust.—A trust created by will may be revoked at the pleasure of the testator.**

A trust otherwise created can be revoked only—

(a) where all the beneficiaries are competent to contract—by their consent;

(b) where the trust has been declared by a non-testamentary instrument or by word of

mouth—in exercise of a power of revocation expressly reserved to the author of the trust; or

(c) where the trust is for the payment of the debts of the author of the trust, and has not been

communicated to the creditors—at the pleasure of the author of the trust.

_Illustration_

A conveys property to B in trust to sell the same and pay out of the proceeds the claims of A’s creditors. A

reserves no power of revocation. If no communication has been made to the creditors, A may revoke the trust. But if
the creditors are parties to the arrangement, the trust cannot be revoked without their consent.

**79. Revocation not to defeat what trustees have duly done.—No trust can be revoked by the author**

of the trust so as to defeat or prejudice what the trustees may have duly done in execution of the trust.

CHAPTER IX

OF CERTAIN OBLIGATIONS IN THE NATURE OF TRUSTS

**80. Where obligation in nature of trust is created.—An obligation in the nature of a trust is created**

in the following cases.

**81. [Where it does not appear that transferor intended to dispose of beneficial interest.] Rep. by the**

_Benami Transactions (Prohibition) Act, 1988 (45 of 1988), s. 7_ (w.e.f. 19-5-1988).

**82. [Transfer to one for consideration paid by another.] Rep. by s. 7, ibid. (w.e.f. 19-5-1988).**

**83. Trust incapable of execution or executed without exhausting trust-property.—Where**

a trust is incapable of being executed, or where the trust is completely executed without
exhausting the trust-property, the trustee, in the absence of a direction to the contrary, must hold
the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust
or his legal representative.

_Illustrations_

(a) A conveys certain land to B—

“upon trust,” and no trust is declared; or

“upon trust to be thereafter declared”, and no such declaration is ever made; or

upon trusts that are too vague to be executed; or

upon trusts that become incapable of taking effect; or

“in trust for C.” and C renounces his interest under the trust.

In each of these cases B holds the land for the benefit of A.

(b) A transfers Rs. 10,000 in the four per cents. to B, in trust to pay the interest annually accruing due to C for

her life. A dies. Then C dies. B holds the fund for the benefit of A’s legal representative.

(c) A conveys land to B upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes,

and the other for the maintenance of the worship of an idol. B sells the land, but the charitable purposes wholly fail,
and the maintenance of the worship does not exhaust the second moiety of the proceeds. B holds the first moiety and
the part unapplied of the second moiety for the benefit of A or his legal representative.

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(d) A bequeaths Rs. 10,000 to B, to be laid out in buying land to be conveyed for purposes which either

wholly or partially fail to take effect. B holds for the benefit of A’s legal representative the undisposed of interest in the money or
land if purchased.

**84. Transfer for illegal purpose.—Where the owner of property transfers it to another for an illegal**

purpose and such purpose is not carried into execution, or the transferor is not as guilty as the transferee,
or the effect of permitting the transferee to retain the property might be to defeat the provisions of any
law, the transferee must hold the property for the benefit of the transferor.

**85. Bequest for illegal purpose.—Where a testator bequeaths certain property upon trust and**

the purpose of the trust appears on the face of the will to be unlawful, or during the testator’s
lifetime the legatee agrees with him to apply the property for an unlawful purpose, the legatee
must hold the property for the benefit of the testator’s legal representative.

**Bequest of which revocation is prevented by coercion.—Where** property is bequeathed and the

revocation of the bequest is prevented by coercion, the legatee must hold the property for the benefit of
the testator’s legal representative.

**86. Transfer pursuant to rescindable contract.—Where** property is transferred in pursuance of a

contract which is liable to rescission or induced by fraud or mistake, the transferee must, on receiving
notice to that effect, hold the property for the benefit of the transferor, subject to repayment by the latter
of the consideration actually paid.

**87. Debtor becoming creditor’s representative.—Where a** debtor becomes the executor or other

legal representative of his creditor, he must hold the debt for the benefit of the persons interested therein.

**88. Advantage gained by fiduciary.—Where** a trustee, executor, partner, agent, director of a

company, legal advisor, or other person bound in a fiduciary character to protect the interests of another
person, by availing himself of his character, gains for himself any pecuniary advantage, or where any
person so bound enters into any dealings under circumstances in which his own interests are, or may be,
adverse to those of such other person and thereby gains for himself a pecuniary advantage, he must hold
for the benefit of such other person the advantage so gained.

_Illustrations_

(a) A, an executor, buys at an undervalue from B, a legatee, his claim under the will. B is ignorant of the value of the

bequest. A must hold for the benefit of B the difference between the price and value.

(b) A, a trustee, uses the trust-property for the purpose of his own business. A holds for the benefit of his beneficiary the

profits arising from such user.

(c) A, a trustee, retires from his trust in consideration of his successor paying him a sum of money. A holds such money for

the benefit of his beneficiary.

(d) A, a partner, buys land in his own name with funds belonging to the partnership. A holds such land for the benefit of the

partnership.

(e) A, a partner, employed on behalf of himself and his co-partners is negotiating the terms of a lease, clandestinely

stipulates with the lessor for payment to himself of a lakh of rupees. A holds the lakh for the benefit of the partnership.

(f) A and B are partners. A dies. B, instead of winding up the affairs of the partnership, retains all the assets in the business.

B must account to A’s legal representative for the profits arising from A’s share of the capital.

(g) A, an agent employed to obtain a lease for B, obtains the lease for himself. A holds the lease for the benefit of B.

(h) A, a guardian, buys up for himself incumbrances on his ward B’s estate at an undervalue. A holds for the benefit of B the

incumbrances so bought, and can only charge him with what he has actually paid.

**89. Advantage gained by exercise of undue influence.—Where,** by the exercise of undue influence,

any advantage is gained in derogation of the interests of another, the person gaining such advantage
without consideration, or with notice that such influence has been exercised, must hold the advantage for
the benefit of the person whose interests have been so prejudiced.

**90. Advantage gained by qualified owner.—Where a tenant for life, co-owner, mortgagee or other**

qualified owner of any property, by availing himself of his position as such, gains an advantage in
derogation of the rights of the other persons interested in the property, or where any such owner, as
representing all persons interested in such property, gains any advantage, he must hold, for the benefit of

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all persons so interested, the advantage so gained, but subject to repayment by such persons of their due
share of the expenses properly incurred, and to an indemnity by the same persons against liabilities
properly contracted, in gaining such advantage.

_Illustrations_

(a) A, the tenant for life of leasehold property, renews the lease in his own name and for his own benefit. A holds the

renewed lease for the benefit of all those interested in the old lease.

(b) A village belongs to a Hindu family. A, one of its members, pays nazrana to Government and thereby procures his

name to be entered as the inamdar of the village. A holds the village for the benefit of himself and the other members.

(c) A mortgages land to B, who enters into possession. B allows the Government revenue to fall into arrear with a view to

the land being put up for sale and his becoming himself the purchaser of it. The land is accordingly sold to B. Subject to the
repayment of the amount due on the mortgage and of his expenses properly incurred as mortgagee, B holds the land for the
benefit of A.

**91. Property acquired with notice of existing contract.—Where a person acquires property**

with notice that another person has entered into an existing contract affecting that property, of
which specific performance could be enforced, the former must hold the property for the benefit of
the latter to the extent necessary to give effect to the contract.

**92. Purchase by person contracting to buy property to be held on trust.—Where** a person

contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly,
he must hold the property for their benefit to the extent necessary to give effect to the contract.

**93. Advantage secretly gained by one of several compounding creditors.—Where** creditors

compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains
an undue advantage over his co-creditors, he must hold for the benefit of such creditors the advantage so
gained.

**94.** [Constructive trusts in cases not expressly provided for].—Rep. by the Benami

_Transactions (Prohibition) Act, 1988 (45 of 1988), s. 7_ (w.e.f. 19-5-1988).

**95. Obligor’s duties, liabilities and disabilities.—The** person holding property in accordance

with any of the preceding sections of this Chapter must, so far as may be, perform the same duties,
and is subject, so far as may be, to the same liabilities and disabilities, as if he were a trustee of the
property for the person for whose benefit he holds it:

Provided that (a) where he rightfully cultivates the property or employs it in trade or business, he is

entitled to reasonable remuneration for his trouble, skill and loss of time in such cultivation or
employment; and (b) where he holds the property by virtue of a contract with the person for whose
benefit he holds it, or with any one through whom such person claims, he may, without the permission of
the Court, buy or become lessee or mortgagee of the property or any part thereof.

**96. Saving of rights of bona fide** **purchasers.—Nothing** contained in this Chapter shall impair the

rights of transferees in good faith for consideration, or create an obligation in evasion of any law for the
time being in force.

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# THE SCHEDULE

 (See section 2)

STATUTE

Year and Chapter Short Title Extent of repeal

29 Car. II, c. 3 . . . . The Statute of Frauds[1] Sections 7, 8, 9, 10 and 11.

ACTS OF THE GOVERNOR GENERAL IN COUNCIL

Number and year Short title Extent of repeal

XXVII of 1866 . . . 2The Trustees’ and Sections 2, 3, 4, 5, 32, 33, 34,

Mortgages’ Powers Act, 1866 35, 36 and 37.

In sections [3]*** 43 the word
“trustee” wherever it occurs;
and in section 43 the words
“management or” and “the
trust-property or”.

3The Specific Relief Act, In section 12 the first

1 of 1877 . . . illustration.

1877

____________

1. Rep. in its application to India.
2. Rep.
3. The figures “39, and” by implication the word “and”, rep. by Act 12 of 1891, s. 2 and the First Sch.

24

|Year and Chapter|Short Title|Extent of repeal|
|---|---|---|
|29 Car. II, c. 3 . . . .|The Statute of Frauds1|Sections 7, 8, 9, 10 and 11.|

|Number and year|Short title|Extent of repeal|
|---|---|---|
|XXVII of 1866 . . . 1 of 1877 . . .|2The Trustees’ and Mortgages’ Powers Act, 1866 3The Specific Relief Act, 1877|Sections 2, 3, 4, 5, 32, 33, 34, 35, 36 and 37. In sections 3*** 43 the word “trustee” wherever it occurs; and in section 43 the words “management or” and “the trust-property or”. In section 12 the first illustration.|


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