THE INDIAN TRUSTS ACT, 1882

ACT NO. 2 OF 1882 · Enacted [13th January, 1882.] · 97 sections

PRELIMINARY

Section 1.Short title.

Section 2.Repeal of enactments.

Section 3.Interpretation-clause.

OFTHE CREATION OF TRUSTS

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.

OF THE DUTIES AND LIABILITIES OF TRUSTEES

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

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.

OF THE RIGHTS AND POWERS OF TRUSTEES

Section 31.Right to title-deed.

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.

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.

OF THE DISABILITIES OF TRUSTEES

Section 46.Trustee cannot renounce after acceptance.

Section 47.Trustee cannot delegate.

Section 48.Co-trustees cannot act singly.

Section 49.Control of discretionary power.

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.

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

OF THE RIGHTS AND LIABILITIES OF THE BENEFICIARY

Section 55.Rights to rents and profits.

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.

OF VACATING THE OFFICE OF TRUSTEE

Section 70.Office how vacated.

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.

Section 75.Vesting of trust-property in new trustees.

Section 76.Survival of trust.

OF THE EXTINCTION OF TRUSTS

Section 77.Trust how extinguished.

Section 78.Revocation of trust.

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

OF CERTAIN OBLIGATIONS IN THE NATURE OF TRUSTS

Section 80.Where obligation in nature of trust is created.

Section 81.[Repealed.].

Section 82.[Repealed.].

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 87.Debtor becoming creditor’s representative.

Section 88.Advantage gained by fiduciary.

Section 89.Advantage gained by exercise of undue influence.

Section 90.Advantage gained by qualified owner.

Section 91.Property acquired with notice of existing contract.

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

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

Section 94.[Repealed.].

Section 95.Obligor’s duties, liabilities and disabilities.

Section 96.Saving of rights of bona fide purchasers.