The Indian Trusts Act, 1882
Central Act · Act 2 of 188290 provisions12 citing judgments
The enactment
| Long title | An Act to define and amend the law relating to Private Trusts and Trustees. |
|---|---|
| Type | Act |
| Citation | Act 2 of 1882 |
| Year | 1882 |
| Jurisdiction | Central |
| Ministry | Ministry of Law and Justice |
| Status | In force as published by the source |
| Provisions published | 90 |
| Subjects | constitutional |
Full text, provision by provision
Every provision below opens in full, free and without an account.
- Section 1 Short title.
- Section 2 Repeal of enactments.
- Section 3 Interpretation-clause.1 citing judgment
- Section 4 Lawful purpose.
- Section 5 Trust of immoveable property.
- Section 6 Creation of trust.
- Section 7 Who may create trusts.
- Section 8 Subject of trust.
- Section 9 Who may be beneficiary.
- Section 10 Who may be trustee.
- Section 11 Trustee to execute trust.
- Section 12 Trustee to inform himself of state of trust-property.
- Section 13 Trustee to protect title to trust-property.
- Section 15 Care required from trustee.
- Section 16 Conversion of perishable property.
- Section 17 Trustee to be impartial.
- Section 18 Trustee to prevent waste.
- Section 19 Accounts and information.
- Section 20 Investment of trust-money.
- Section 20A Power to purchase redeemable stock at a premium.
- Section 21 Mortgage of land pledged to Government under Act 26 of 1871.
- Section 22 Sale by trustee directed to sell within specified time.
- Section 23 Liability for breach of trust.
- Section 24 No set-off allowed to trustee.
- Section 25 Non-liability for predecessor’s default.
- Section 26 Non-liability for co-trustee’s default.
- Section 27 Several liability of co-trustees.
- Section 28 Non-liability of trustee paying without notice of transfer by beneficiary.
- Section 29 Liability of trustee where beneficiary’s interest is forfeited to the Government.
- Section 30 Indemnity of trustees.
- Section 32 Right to reimbursement of expenses.
- Section 33 Right to indemnity from gainer by breach of trust.
- Section 34 Right to apply to Court for opinion in management of trust -property.1 citing judgment
- Section 35 Right to settlement of accounts.
- Section 36 General authority of trustee.
- Section 37 Power to sell in lots, and either by public auction or private contract.
- Section 38 Power to sell under special conditions.
- Section 39 Power to convey.
- Section 40 Power to vary investments.
- Section 41 Power to apply property of minors, etc., for their maintenance, etc.
- Section 42 Power to give receipts.
- Section 43 Power to compound, etc.
- Section 44 Power to several trustees of whom one disclaims or dies.
- Section 45 Suspension of trustee’s powers by decree.
- Section 46 Trustee cannot renounce after acceptance.1 citing judgment
- Section 47 Trustee cannot delegate.
- Section 48 Co-trustees cannot act singly.
- Section 49 Control of discretionary power.1 citing judgment
- Section 50 Trustee may not charge for services.
- Section 51 Trustee may not use trust-property for his own profit.
- Section 52 Trustee for sale or his agent may not buy.
- Section 53 Trustee may not buy beneficiary’s interest without permission.1 citing judgment
- Section 54 Co-trustees may not lend to one of themselves.
- Section 56 Right to specific execution.
- Section 57 Right to inspect and take copies of instrument of trust, accounts, etc.
- Section 58 Right to transfer beneficial interest.
- Section 59 Right to sue for execution of trust.
- Section 60 Right to proper trustees.
- Section 61 Right to compel to any act of duty.
- Section 62 Wrongful purchase by trustee.
- Section 63 Following trust-property into the hands of third persons; into that into which it has been converted.
- Section 64 Saving of rights of certain transferees.
- Section 65 Acquisition by trustee of trust-property wrongfully converted.
- Section 66 Right in case of blended property.
- Section 67 Wrongful employment by partner-trustee of trust property for partnership purposes.
- Section 68 Liability of beneficiary joining in breach of trust.
- Section 69 Rights and liabilities of beneficiary’s transferee.
- Section 71 Discharge of trustee.
- Section 72 Petition to be discharged from trust.
- Section 73 Appointment of new trustees on death, etc.
- Section 74 Appointment by Court.1 citing judgment
- Section 75 Vesting of trust-property in new trustees.
- Section 77 Trust how extinguished.
- Section 78 Revocation of trust.
- Section 79 Revocation not to defeat what trustees have duly done.
- Section 80 Where obligation in nature of trust is created.
- Section 81 [Repealed.].1 citing judgment
- Section 83 Trust incapable of execution or executed without exhausting trust -property.
- Section 84 Transfer for illegal purpose.
- Section 85 Bequest for illegal purpose.
- Section 86 Transfer pursuant to rescindable contract.
- Section 88 Advantage gained by fiduciary.1 citing judgment
- Section 89 Advantage gained by exercise of undue influence.
- Section 90 Advantage gained by qualified owner.
- Section 91 Property acquired with notice of existing contract2 citing judgments
- Section 92 Purchase by person contracting to buy property to be held on trust.1 citing judgment
- Section 93 Advantage secretly gained by one of several compounding creditors.
- Section 94 Repealed.1 citing judgment
- Section 95 Obligor’s duties, liabilities and disabilities.
- Section 96 Saving of rights of bona fide purchasers.
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