Act Text
Preamble1 - Trusts Act, 1882
Section1 - SHORT TITLE AND COMMENCEMENT. This Act may be called the Indian Trusts Act, 1882; and it shall come into force on the
Section2 - REPEAL OF ENACMENTS. The Statute and Acts mentioned in the Schedule hereto annexed shall, to the extent mentioned in
Section3 - INTERPRETATION -CLAUSE TRUST A "trust" is an obligation annexed to the ownership of property, and arising out of a
Section4 - LAWFUL PURPOSE. A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is
Section5 - TRUST OF IMMOVABLE PROPERTY No trust in relation to immoveable property is valid unless declared by a non-testamentary
Section6 - CREATION OF TRUST. Subject to the provisions of section 5 -, a trust is created when the author of the trust indicates
Section7 - WHO MAY CREATE TRUST? A trust may be created
Section8 - SUBJECT MATTER OF TRUST The subject-matter of a trust must be property transferable to the beneficiary. It must not be
Section9 - WHO MAY BE BENIFICIARY? Every person capable of holding property may be a beneficiary. Disclaimer by beneficiary. A
Section10 - WHO MAY BE TRUSTEE? Every person capable of holding property may be a trustee; but, where the trust involves the
Section11 - TRUSTEE TO EXECUTE TRUST. The trustees are bound to fulfill the purpose of the trust, and to obey the directions of the
Section12 - TRUSTEE TO INFORM HIMSELF OF STATE OF TRUST PROPERTY. A trustee is bound to acquaint himself, as soon as possible, with
Section13 - TRUSTEE TO PROTECT TITLE TO TRUST-PROPERTY. A trustee is bound to maintain and defend all such suits, and
Section14 - TRUSTEE NOT TO SET UP TITLE ADVERSE TO BENEFICIARY. The trustee must not for himself or another set up or aid any title
Section15 - CARE REQUIRED FROM TRUSTEE A trustee is bound to deal with the trust-property as carefully as a man of ordinary
Section16 - CONVERSION OF PERISHABLE PROPERTY. Where the trust is created for the benefit of several persons in succession and the
Section17 - TRUSTEE TO BE IMPARTIAL Where there are more beneficiaries than one, the trustee is bound to be impartial, and must not
Section18 - TRUSTEE TO PREVENT WASTE. Where the trust is created for the benefit of several persons in succession and one of them
Section19 - ACCOUNTS AND INFORMATION A trustee is bound
Section20 - INVESTMENT OF TRUST-MONEY. Where the trust-property consists of money and cannot be applied immediately or at an early
Section21 - MORTGAGE OF LAND PLEDGED TO GOVERNMENT UNDER ACT, 26 OF 1871. Deposit in Government savings bank. Nothing in section 20
Section22 - SALE BY TRUSTEE DIRECTED TO SELL WITHIN SPECIFIED TIME. Where a trustee directed to sell within a specified time
Section23 - LIABILITY FOR BREACH OF TRUST. Where the trustee commits a breach of trust, he is liable to make good the loss which
Section24 - NO SET-OFF ALLOWED TO TRUSTEE. A trustee who is liable for a loss occasioned by a breach of trust in respect of one
Section25 - NON-LIABILITY FOR PREDECESSOR'S DEFAULT. Where a trustee succeeds another, he is not, as such, liable for the acts or
Section26 - NON-LIABILITY FOR CO-TRUSTEE'S DEFAULT. Subject to the provisions of sections 13-and15 -, one trustee is not, as such,
Section27 - SEVERAL LIABILITIES OF CO-TRUSTEES . Where co-trustees jointly commit a breach of trust, or where one of them by his
Section28 - NON-LIABILITY OF TRUSTEE PAYING WITHOUT NOTICE OF TRANSFER BY BENEFICIARY. When any beneficiary's interest becomes
Section29 - LIABILITY OF TRUSTEE WHERE BENEFICIARY'S INTEREST IS FORFEITED TO THE GOVERNMENT. When the beneficiary's interest is
Section30 - INDEMNITY OF TRUSTEES Subject to the provisions of the instrument of trust and of sections 23 and 26, trustees shall be
Section31 - RIGHT TO TITLE DEED. A trustee is entitled to have in his possession the instrument of trust and all the documents of
Section32 - RIGHT TO REIMBURSEMENT OF EXPENCES. Every trustee may reimburse himself, or pay or discharge out of the trust-property,
Section33 - RIGHT TO INDEMNITY FROM GAINER BY BREACH OF TRUST. A person other than a trustee who has gained an advantage from a
Section34 - RIGHT TO APPLY TO COURT FOR OPINION IN MANAGEMENT OF TRUST PROPERY. Any trustee may, without instituting a suit, apply
Section35 - RIGHT TO SETTLEMENT OF ACCOUNTS. When the duties of a trustee, as such, are completed, he is entitled to have the
Section36 - GENERAL AUTHORITY OF TRUSTEE. In addition to the powers expressly conferred by this Act and by the instrument of trust,
Section37 - POWER TO SELL IN LOTS AND EITHER BY PUBLIC AUCTION OR PRIVATE CONTRACT. Where the trustee is empowered to sell any
Section38 - POWER TO SELL UNDER SPEIAL CONDITIONS- POWR TO BUY IN AND RESELL. The trustee making any such sale may insert such
Section39 - POWER TO CONVEY. For the purpose of completing any such sale, the trustee shall have power to convey or otherwise
Section40 - POWER TO VARY INVESTMENTS. A trustee may, at his discretion, call in any trust-property invested in any security and
Section41 - POWER TO APPLY PROPERTY OF MINORS, ETC, FOR THEIR MAINTENANCE, ETC. Where any property is held by a trustee in trust
Section42 - POWER TO GIVE RECIEPTS. Any trustees or trustee may give a receipt in writing for any money, securities or other
Section43 - POWER TO COMPOUND ETC. Two or more trustees acting together may; if and as they think fit
Section44 - POWER TO SEVERAL TRUSTEES OF WHOM ONE DISCLAIMS OR DIES. When an authority to deal with the trust-property is given to
Section45 - SUSPENTION OF TRUSTEE'S POWERS BY DECREE. Where a decree has been made in a suit for the execution of a trust, the
Section46 - TRUSTEES CANNOT RENOUNCE AFTER ACCEPTANCE. A trustee who has accepted the trust cannot afterwards renounce it except
Section47 - TRUSTEE CANNOT DELEGATE A trustee cannot delegate his office or any of his duties either to a co-trustee or to a
Section48 - CO-TRUSTEES CANNOT ACT SINGLY. When there are more trustees than one, all must join in the execution of the trust,
Section49 - CONTROL OF DISCRETIONARY POWER. Where a discretionary power conferred on a trustee is not exercised reasonably and in
Section50 - TRUSTEES MAY NOT CHARGE FOR SERVICES. In the absence of express directions to the contrary contained in the instrument
Section51 - TRUSTEE MAY NOT USE TRUST PROPERTY FOR HIS OWN PROFIT. Trustee may not use or deal with the trust-property for his own
Section52 - TRUSTEE FOR SALE OR HIS AGENT MAY NOT BUY. No trustee whose duty it is to sell trust-property, and no agent employed by
Section53 - TRUSTEE MAY NOT BUY BENIFICIARY ˜S INTEREST WITHOUT PERMISSION. No trustee, and no person who has recently ceased to be
Section54 - CO-TRUSTEES MAY NOT LEND TO ONE OF THEMSELVES . A trustee or co-trustee whose duty it is to invest trust-money on
Section55 - RIGHTS TO RENTS AND PROFITS . The beneficiary has, subject to the provisions of the instrument of trust, a right to the
Section56 - RIGHT TO SPECIFIC EXECUTION . The beneficiary is entitled to have the intention of the author of the trust specifically
Section57 - RIGHT TO INSPECT AND TAKE COPIES OF INSTRUMENT OF TRUST, ACCOUNT ETC . The beneficiary has a right, as against the
Section58 - RIGHT TO TRANSFER BENEFICIAL INTEREST. The beneficiary, if competent to contract, may transfer his interest, hut
Section59 - RIGHT TO SUE FOR EXECUTION OF TRUST. Where no trustees are appointed or all the trustees die, disclaim, or are
Section60 - RIGHT TO PROPER TRUSTEES . The beneficiary has a right
Section61 - RIGHT TO COMPEL TO ANY ACT OF DUTY. The beneficiary has a right that his trustee shall be compelled to perform any
Section62 - WRONGFUL PURCHASE BY TRUSTEE. Where a trustee has wrongfully bought trust-property, the beneficiary has a right to have
Section63 - FOLLOWING TRUST PROPERTY INTO THE HANDS OF THIRD PERSON; INTO THAT INTO WHICH IT HAS BEEN CONVERTED. Where
Section64 - SAVINGS OF RIGHTS OF CERTAIN TRANSFEREES. Nothing in section 63 entitles the beneficiary to any right in respect of
Section65 - BY TRUSTEE OF TRUST PROPERTY WRONGFULLY CONVERTED. Where a trustee wrongfully sells or otherwise transfers
Section66 - RIGHT IN CASE OF BLENDED PROPERTY. Where the trustee wrongfully mingles the trust-property with his own, the
Section67 - WRONGFUL EMPLOYMENT BY PARTNER-TRUSTEE OF TRUST-PROPERTY FOR PARTNERSHIP PURPOSES. If a partner, being a trustee,
Section68 - LIABILITY OF BENEFICIARY JOINING IN BREACH OF TRUST. Where one of several beneficiaries
Section69 - RIGHTS AND LIABILITIES OF BENEFICIARY˜S TRANSFEREE. Every person to whom a beneficiary transfers his interest has the
Section70 - OFFICE HOW VACATED. The office of the trustee is vacated by his death or by his discharge from his office
Section71 - DISCHARGE OF TRUSTEE. The trustee may be discharged from his office only as follows
Section72 - PETITION TO BE DISCHARGED FROM TRUST. Notwithstanding the provisions of section 11, every trustee may apply by petition
Section73 - APPOINTMENT OF NEW TRUSTEES ON DEATH. Whenever any person appointed a trustee disclaims, or any trustee, either
Section74 - APPOINTMENT BY COURT. Whenever any such vacancy or disqualification occurs and it is found impracticable to appoint a
Section75 - VESTING OF TRUST PROPERTY IN NEW TRUSTEES . Whenever any new trustee is appointed under section 73 or section 74 , all
Section76 - SURVIVAL OF TRUST. On the death or discharge of one of several co-trustees, the trust survives and the trust-property
Section77 - TRUST HOW EXTINGUISHED. A trust is extinguished
Section78 - REVOCATION OF TRUST. A trust created by "will" may be revoked at the pleasure of the testator. A trust otherwise
Section79 - REVOCATION NOT TO DEFEAT THAT TRUSTEES HAVE DULY DONE. No trust can be revoked by the author of the trust so as to
Section80 - WHERE OBLIGATION IN NATURE OF TRUST CREATED. An obligation in the nature of a trust is created in the following cases
Section81 - WHERE IT DOES NOT APPEAR THAT TRANSFEROR INTENDED TO DISPOSE OF BENIFICIAL INTEREST Where the owner of property
Section82 - TRANSFER TO ONE FOR CONSIDERATION PAID BY ANOTHER. {OMMITED BY BENAMI TRANSACTION
Section83 - TRUST INCAPABLE OF EXECUTION OR EXECUTED WITHOUT EXHAUSTING TRUST-PROPERTY. Where a trust is incapable of being
Section84 - TRANSFER FOR ILLEGAL PURPOSES. Where the owner of property transfers it to another for an illegal purpose and such
Section85 - BEQUEST FOR ILLEGAL PURPOSE. Where a testator bequeaths certain property upon trust and the purpose of the trust
Section86 - TRANSFER OF PERSUANT TO RESCINDABLE CONTRACT. Where property is transferred in pursuance of contract which is liable to
Section87 - DEBTOR BECOMING CREDITOR'S REPRESENTATIVE. Where a debtor becomes the executor or other legal representative of his
Section88 - ADVANTAGE GAIN BY FIDUCIARY: Where a trustee, executor, partner, agent, director of a company, legal advisor, or other
Section89 - ADVANTAGE GAINED BY EXERCISE OF UNDUE INFLUENCE. Where, by the exercise of undue influence, any advantage is gained in
Section90 - ADVANTAGE GAINED BY QUALIFIED OWNER. Where a tenant for life, co-owner, mortgagee or other qualified owner of any
Section91 - PROPERTY ACQUIRED WITH NOTICE OF EXISTING CONTRACT . Where a person acquires property with notice that another person
Section92 - PURCHASE BY PERSON CONTRACTING TO BUY PROPERTY TO BE HELD ON TRUST. Where a person contracts to buy property to be held
Section93 - ADVANTAGE SECRETLY GAINED BY ONE OF SEVERAL COMPOUNDING CREDITORS. Advantage secretly gained by one of several
Section94 - CONSTRUCTIVE TRUSTS IN CASES NOT EXPRESSLY PROVIDED FOR. In any case not coming within the scope of any of the
Section95 - OBLIGATORS DUTIES LIABILITIES AND DISABILITIES. The person holding property in accordance with any of the proceeding
Section96 - SAVINGS OF RIGHTS OF BONAFIDE PURCHASERS Nothing contained in this Chapter shall impair the rights of transferees in
No sections match your search.