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Start Free TrialIndian Easements Act, 1882 Section 50
Title: Servient Owner Not Entitled to Require Continuance
State: Central
Year: 1882
The servient owner has no right to require that an easement be continued; and, notwithstanding the provisions of section 26, he is not entitled to compensation for damage caused to the servient heritage in consequence of the extinguishment or suspension of the easement, if the dominant owner has given to the servient owner such notice as will enable him, without unreasonable expense, to protect the servient heritage from such damage. Compensation for damage caused by extinguishment or suspension.--Where such notice has not been given, the servient owner is entitled to compensation for damage caused to the servient heritage in consequence of such extinguishment or suspension. Illustration A, in exercise of an easement, diverts to his canal the water of B's stream. The diversion continues for many years, and during that time the bed of the stream partly fills up. A then abandons his easement, and restores the stream to its ancient course. B's land is consequently flooded. B sues A for compensation for the damage caused by the flooding. It is proved that A gave B a month's notice of his intention to abandon the easement, and that such notice was sufficient to enable B,.....
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 54
Title: Co-trustees May Not Lend to One of Themselves
State: Central
Year: 1882
A trustee or co-trustee whose duty it is to invest trust-money on mortgage or personal security must not invest it on a mortgage by, or on the personal security of, himself or one of his co-trustees.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 61
Title: Right to Compel to Any Act of Duty
State: Central
Year: 1882
The beneficiary has a right that his trustee shall be compelled to perform any particular act of his duty as such, and restrained from committing any contemplated or probable breach of trust. Illustrations (a) A contracts with B to pay him monthly Rs.100 for the benefit of C. B writes and signs a letter declaring that he will hold in trust for C the money so to be paid. A fails to pay the money in accordance with his contract. C may compel B on a proper indemnity to allow c to sue on the contract in B's name. (b) A is trustee of certain land, with a power to sell the same and pay the proceeds to B and C equally. A is about to make an improvident sale of the land. B may sue on behalf of himself and C for an injunction to restrain A from making the sale.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 60
Title: Right to Proper Trustees
State: Central
Year: 1882
.....B, the trustee, has improperly disposed of part of the trust-property, or that the property is in danger from B's being in insolvent circumstances, or that he is incapacitated from acting, as trustee. A may obtain a receiver of the trust-property. (b) A bequeaths certain jewels to B is trust for C, B dies during A's lifetime; then A dies, C is entitled to have the property conveyed to a trustee for him. (c) A conveys certain property to four trustees in trust for B. Three of the trustees die. B may institute a suit to have three new trustees appointed in the place of the deceased trustees. (d) A conveys certain properly to three trustees in trust for B. All the trustees disclaim. B may institute a suit to have three trustees appointed in place of the trustees so disclaiming. (e) A a trustee for B, refuses to act, or goes to reside permanently out of1[India] or is declared an insolvent, or compounds with his creditors, or suffers a co-trustee to commit a breach of trust. B may institute a suit to have A removed and a new trustee appointed in his room. _______________________ 1.Substituted by The A.O. 1950 for "the Provinces".
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 59
Title: Right to Sue for Execution or Trust
State: Central
Year: 1882
Where no trustees are appointed or all the trustees die, disclaim, or are discharged, or where for any other reason the execution of a trust by the trustee is or becomes impracticable, the beneficiary may institute a suit for the execution of the trust, and the trusl shall, so far as may be possible, be executed by the court until the appointment of a trustee or new trustee.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 58
Title: Right to Transfer Beneficial Interest
State: Central
Year: 1882
The beneficiary, if competent to contract, may transfer his interest, but subject to the law for the time being in force as to the circumstances and extent in and to which he may dispose of such interest: Provided that when properly is transferred or bequeathed for the benefit of a married woman, so that she shall not have power to deprive herself of her beneficial interest, nothing in this section shall authorize her to transfer such interest during her marriage.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 57
Title: Bight to Inspect and Take Copies of Instrument of Trust, Accounts, Etc
State: Central
Year: 1882
The beneficiary has a right, as against the trustee and all persons claiming under him with notice of the trust, to inspect and take copies of the instrument of trust, the documents of title relating solely to the trust-property the accounts of the trust-property and the vouchers (if any) by which they are supported, and the cases submitted and opinions taken by the trustee for his guidance in the discharge of his duty.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 56
Title: Right to Specific Execution
State: Central
Year: 1882
..... Illustrations (a) Certain Government securities are given to trustees upon trust to accumulate the interest until A attains the age of 24, and then to transfer the gross amount to him. A on attaining majority may, as the person exclusively interested in the trust-properly, require the trustees to transfer it immediately to him. (b) A bequeaths Rs.10,000 to trustees upon trust to purchase an annuity for B, who has attained his majority and is otherwise competent to contract B may claim the Rs.10,000. (c) A transfers certain properly to B and directs him to sell or invest il for the benefit of C, who is competent to contract. C may elect to lake the property in its original character.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 55
Title: Right to Rents and Profits
State: Central
Year: 1882
The beneficiary has, subject to the provisions of the instrument of trust, a right to the rents and profits of the trust property
View Complete Act List Judgments citing this sectionINDIAN TRUSTS ACT, 1882 Section 53
Title: Trustee may not buy beneficiary's interest without permission
State: Central
Year: 1882
No trustee, and no person who has recently ceased to be a trustee, may, without the permission of a principal civil court of original jurisdiction, buy or become mortgagee or lessee of the trust-property or any part thereof; and such permission shall not be given unless the proposed purchase, mortgage or lease is manifestly for the advantage of the beneficiary. Trustee for purchase.--And no trustee whose duly it is to buy or to obtain a mortgage or lease of particular property for the beneficiary may buy it, or any part thereof, or obtain a mortgage or lease of it, or any part thereof, for himself.
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