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The Indian Trusts Act, 1882

Central

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

Act number
2 of 1882
Ministry
Ministry of Law and Justice
Department
Legislative Department
Enacted
13 Jan 1882
In force from
1 Mar 1882

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

97 sections

  1. Section 1Short title.
  2. Section 2Repeal of enactments.
  3. Section 3Interpretation-clause.
  4. Section 4Lawful purpose.
  5. Section 5Trust of immoveable property.
  6. Section 6Creation of trust.
  7. Section 7Who may create trusts.
  8. Section 8Subject of trust.
  9. Section 9Who may be beneficiary.
  10. Section 10Who may be trustee.
  11. Section 11Trustee to execute trust.
  12. Section 12Trustee to inform himself of state of trust-property.
  13. Section 13Trustee to protect title to trust-property.
  14. Section 14Trustee not to set up title adverse to beneficiary.
  15. Section 15Care required from trustee.
  16. Section 16Conversion of perishable property.
  17. Section 17Trustee to be impartial.
  18. Section 18Trustee to prevent waste.
  19. Section 19Accounts and information.
  20. Section 20Investment of trust-money.
  21. Section 20APower to purchase redeemable stock at a premium.
  22. Section 21Mortgage of land pledged to Government under Act 26 of 1871.
  23. Section 22Sale by trustee directed to sell within specified time.
  24. Section 23Liability for breach of trust.
  25. Section 24No set-off allowed to trustee.
  26. Section 25Non-liability for predecessor’s default.
  27. Section 26Non-liability for co-trustee’s default.
  28. Section 27Several liability of co-trustees.
  29. Section 28Non-liability of trustee paying without notice of transfer by beneficiary.
  30. Section 29Liability of trustee where beneficiary’s interest is forfeited to the Government.
  31. Section 30Indemnity of trustees.
  32. Section 31Right to title-deed.
  33. Section 32Right to reimbursement of expenses.
  34. Section 33Right to indemnity from gainer by breach of trust.
  35. Section 34Right to apply to Court for opinion in management of trust -property.
  36. Section 35Right to settlement of accounts.
  37. Section 36General authority of trustee.
  38. Section 37Power to sell in lots, and either by public auction or private contract.
  39. Section 38Power to sell under special conditions.
  40. Section 39Power to convey.
  41. Section 40Power to vary investments.
  42. Section 41Power to apply property of minors, etc., for their maintenance, etc.
  43. Section 42Power to give receipts.
  44. Section 43Power to compound, etc.
  45. Section 44Power to several trustees of whom one disclaims or dies.
  46. Section 45Suspension of trustee’s powers by decree.
  47. Section 46Trustee cannot renounce after acceptance.
  48. Section 47Trustee cannot delegate.
  49. Section 48Co-trustees cannot act singly.
  50. Section 49Control of discretionary power.
  51. Section 50Trustee may not charge for services.
  52. Section 51Trustee may not use trust-property for his own profit.
  53. Section 52Trustee for sale or his agent may not buy.
  54. Section 53Trustee may not buy beneficiary’s interest without permission.
  55. Section 54Co-trustees may not lend to one of themselves.
  56. Section 55Rights to rents and profits.
  57. Section 56Right to specific execution.
  58. Section 57Right to inspect and take copies of instrument of trust, accounts, etc.
  59. Section 58Right to transfer beneficial interest.
  60. Section 59Right to sue for execution of trust.
  61. Section 60Right to proper trustees.
  62. Section 61Right to compel to any act of duty.
  63. Section 62Wrongful purchase by trustee.
  64. Section 63Following trust-property into the hands of third persons; into that into which it has been converted.
  65. Section 64Saving of rights of certain transferees.
  66. Section 65Acquisition by trustee of trust-property wrongfully converted.
  67. Section 66Right in case of blended property.
  68. Section 67Wrongful employment by partner-trustee of trust property for partnership purposes.
  69. Section 68Liability of beneficiary joining in breach of trust.
  70. Section 69Rights and liabilities of beneficiary’s transferee.
  71. Section 70Office how vacated.
  72. Section 71Discharge of trustee.
  73. Section 72Petition to be discharged from trust.
  74. Section 73Appointment of new trustees on death, etc.
  75. Section 74Appointment by Court.
  76. Section 75Vesting of trust-property in new trustees.
  77. Section 76Survival of trust.
  78. Section 77Trust how extinguished.
  79. Section 78Revocation of trust.
  80. Section 79Revocation not to defeat what trustees have duly done.
  81. Section 80Where obligation in nature of trust is created.
  82. Section 81[Repealed.].
  83. Section 82[Repealed.].
  84. Section 83Trust incapable of execution or executed without exhausting trust -property.
  85. Section 84Transfer for illegal purpose.
  86. Section 85Bequest for illegal purpose.
  87. Section 86Transfer pursuant to rescindable contract.
  88. Section 87Debtor becoming creditor’s representative.
  89. Section 88Advantage gained by fiduciary.
  90. Section 89Advantage gained by exercise of undue influence.
  91. Section 90Advantage gained by qualified owner.
  92. Section 91Property acquired with notice of existing contract
  93. Section 92Purchase by person contracting to buy property to be held on trust.
  94. Section 93Advantage secretly gained by one of several compounding creditors.
  95. Section 94Repealed.
  96. Section 95Obligor’s duties, liabilities and disabilities.
  97. Section 96Saving of rights of bona fide purchasers.