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TypeBare Act JurisdictionCentral Government

Trusts Act, 1882 Section 88

ADVANTAGE GAIN BY FIDUCIARY: Where a trustee, executor, partner, agent, director of a company, legal advisor, or other

~2 min read
https://sooperkanoon.com/act/264547

Bare act section · Research

About this section

Trusts Act, 1882 Section 88 is part of Trusts Act, 1882 - ADVANTAGE GAIN BY FIDUCIARY: Where a trustee, executor, partner, agent, director of a company, legal advisor, or other. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

a) A, an executor, buys at an under value 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 less or 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 in cumbrances on his ward B's estate at an under value. A holds for the benefit of B the in cumbrances so bought, and can only charge him with what he has actually paid.

Frequently asked questions

What does Trusts Act, 1882 Section 88 provide?

Section Section 88 of the Trusts Act, 1882 (ADVANTAGE GAIN BY FIDUCIARY: Where a trustee, executor, partner, agent, director of a company, legal advisor, or other) is reproduced on this page as part of the Trusts Act, 1882. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Trusts Act, 1882 Section 88?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Trusts Act, 1882 Section 88. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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