The Indian Trusts Act, 1882
first day of March, 1882
Read full ActS.1 Short title, commencement
This Act may be called the Indian Trusts Act, 1882, and it shall come into force on the first day of March, 1882.
Local extent.- 1It extends to 2the whole of India 33A[x x x x] and] the Andaman and Nicobar Islands, 4[x x x x]; but the Central Government may, from time to time, by notification in the Official Gazette, extend it to 5the Andaman and Nicobar Islands or to any part thereof.]
But nothing herein contained affects the rules of Mohammedan law as to waqf, or the mutual relations of the members of an undivided family as determined by any customary or personal law, or applies to public or private religious or charitable endowments, or to trusts to distribute prizes taken in war among the captors; and nothing in the Second Chapter of this Act applies to trusts created before the said day.
1. Subs. by the A.O. 1948 for the first sentence.
2. Subs. by the A.O. 1950 for "all
S.2 Repeal of Enactments
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S.3 Interpretation-clause
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S.4 Lawful purpose
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S.5 Trust of immovable property
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S.6 Creation of trust
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S.7 Who may create trusts
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1. See section 11 of the Indian Contract Act, 1872 (9 of 1872).
S.9 Who may be beneficiary
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S.10 Who may be trustee
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S.11 Trustee to execute trust
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S.12 Trustee to inform himself of state of trust property
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S.13 Trustee to protect title to trust property
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1. See now the Indian Registration Act, 1908 (16 of 1908).
S.14 Trustee not to set up title adverse to beneficiary
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S.15 Care required from trustee
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S.16 Conversion of perishable property
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S.17 Trustee to be impartial
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S.18 Trustee to prevent waste
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S.19 Accounts and information
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S.20 Investment of trust-money
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1. Substituted by Act 34 of 2016.
S.20A Power to purchase redeemable stock at a premium
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1. Ins. by Act 1 of 1916, sec. 3 (w.r.e.f. 07/01/1975).
2. Omitted by Act 34 of 2016.
S.21 Mortgage of land pledged to Government under Act 26 of 1871--Deposit in Government Savings Bank
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1. See now the Land Improvement Loans Act, 1883 (19 of 1883).
S.22 Sale by trustee directed to sell within specified time
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S.23 Liability for breach of trust
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S.24 No set-off allowed to trustee
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S.25 Non-liability for predecessor's default
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S.26 Non-liability for co-trustee's default
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S.27 Several liability of co-trustee
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S.28 Non-liability of trustee paying without notice of transfer by beneficiary
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S.29 Liability of trustee where beneficiary's interest is forfeited to Government
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1. The words "to Government" successively amended by the A.O. 1937 and the A.O. 1950 to read as above.
2. Subs. by the A.O. 1937 for "the Government".
S.30 Indemnity of trustees
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S.31 Right to title-deed
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S.32 Right to re-imbursement of expenses
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S.33 Right to indemnity from gainer by breach of trust
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S.34 Right to apply to Court for opinion in management of trust property
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S.35 Right to settlement of accounts
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S.36 General authority of trustee
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1. Second paragraph repealed by Act 12 of 1891, sec. 2 and Sch. 1, Pt 1.
S.37 Power to sell in lots and either by public auction or private contract
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S.38 Power to sell under special conditions power to buy-in and re-sell
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S.39 Power to convey
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S.40 Power to vary investments
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S.41 Power to apply property of minors, etc., for their maintenance, etc.
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S.42 Power to give receipts
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S.43 Power to compound, etc.
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S.44 Power to several trustees of whom one disclaims or dies
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S.45 Suspension of trustee's powers by decree
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S.46 Trustee cannot renounce after acceptance
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S.47 Trustee cannot delegate
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S.48 Co-trustees cannot act singly
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S.49 Control of discretionary power
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S.50 Trustee may not charge for services
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S.51 Trustee may not use trust property for his own profit
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S.52 Trustee for sale or his agent may not buy
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S.53 Trustee may not buy beneficiary's interest without permission
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S.54 Co-trustees may not lend to one of themselves
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S.55 Right to rents and profits
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S.56 Right to specific execution
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S.57 Right to inspect and take copies of instrument of trust accounts, etc.
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S.58 Right to transfer beneficial interest
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S.59 Right to sue for execution of trust
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S.60 Right to proper trustees
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1. Subs. by the A.O. 1950 for "the Provinces".
S.61 Right to compel to any act of duty
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S.62 Wrongful purchase by trustee
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S.63 Following trust property into the hands of third persons
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S.64 Saving of rights of certain transferees
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S.65 Acquisition by trustee of trust property wrongfully converted
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S.66 Right in case of blended property
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S.67 Wrongful employment by partner-trustee of trust property for partnership purposes
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S.68 Liability of beneficiary joining in breach of trust
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S.69 Rights and liabilities of beneficiary's transferee
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S.70 Office how vacated
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S.71 Discharge of trustee
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S.72 Petition to be discharged from trust
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S.73 Appointment of new trustees on death, etc.
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1. Subs. by the A.O. 1950 for "the Provinces".
S.74 Appointment by Court
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S.75 Vesting of trust property in new trustees
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S.76 Survival of trust
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S.77 Trust how extinguished
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S.78 Revocation of trust
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S.79 Revocation not to defeat what trustees have duly done
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S.80 Where obligation in nature of trust is created
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S.81 Where it does not appears that transferor intended to dispose of beneficial interest
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S.82 Transfer to one for consideration paid by another
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S.83 Trust incapable of execution or executed without exhausting trust property
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S.85 Bequest for illegal purpose
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S.86 Transfer pursuant to rescindable contract
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S.87 Debtor becoming creditor's representative
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S.88 Advantage gained by fiduciary
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S.89 Advantage gained by exercise of undue influence
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S.90 Advantage gained by qualified owner
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S.91 Property acquired with notice of existing contract
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S.92 Purchase by person contracting to buy property to be held on trust
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S.93 Advantage secretly gained by one of several compounding creditors
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S.94 Constructive trusts in cases not expressly provided for
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S.95 Obligor's duties, liabilities and disabilities
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S.96 Saving of rights of bona fide purchasers
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