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 The

Act came into existence on 1st March, 1882
 An Act to define and amend the law relating to
Private Trusts and trustees
 It extends to the whole of India[except the State of
Jammu and Kashmir].










Trust :A "trust" is an obligation annexed to the
ownership of property, and arising out of a
confidence reposed in and accepted by the owner, or
declared and accepted by him, for the benefit of
another.
Lawful purpose.-A trust may be created for any
lawful purpose.The purpose of a trust is lawful unless it is
(a) forbidden by law, or
(b) is of such a nature that, if permitted, it would
defeat the
provisions of any law, or
(c) is fraudulent, or
(d) involves or implies injury to the person or
property of another, or
(e) the Court
 Who

may create trusts.-A trust may be created- (a) by every person competent to contract, 1* and,
 (b) with the permission of a principal Civil Court of
original jurisdiction, by or on behalf of a minor; but
subject in each case to the law for the time being in
force as to the circumstances and extent in and to
which the author of the trust may dispose of the
trust-property.


Subject of trust.-The subject-matter of a trust must be





Who may be beneficiary. Disclaimer by beneficiary.-Every







property transferable to the beneficiary.
It must not be merely beneficial interest under a subsisting trust.
person capable of holding property may be a beneficiary.
A proposed beneficiary may renounce his interest under the trust
by disclaimer addressed to the trustee, or by setting up, with
notice
of the trust, a claim inconsistent therewith.

Who may be trustee.-Every person capable of holding
property



may be a trustee; but, where the trust involves the exercise of
discretion, he cannot execute it unless he is competent to
contract
 Trustee

to execute trust.-The trustee is bound to
fulfil the




purpose of the trust, and to obey the directions of the
author of the
trust given at the time of its creation, except as
modified by the
consent of all the beneficiaries being competent to
contract.
 Right

to title-deed
 Right to reimbursement of expenses
 Right to be recouped for erroneous overpayment
 Right to indemnity from gainer by breach
of trust.
 Right to apply to Court for opinion in
management of trust property
 Right to settlement of accounts
 (a)

when its purpose is completely fulfilled;

or
 (b) when its purpose becomes unlawful; or
 (c) when the fulfilment of its purpose
becomes impossible by
 destruction of the trust-property or
otherwise; or
 (d) when the trust, being revocable, is
expressly revoked
Indian Trusts Act 1882 Summary

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Indian Trusts Act 1882 Summary

  • 2.  The Act came into existence on 1st March, 1882  An Act to define and amend the law relating to Private Trusts and trustees  It extends to the whole of India[except the State of Jammu and Kashmir].
  • 3.       Trust :A "trust" is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another. Lawful purpose.-A trust may be created for any lawful purpose.The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would defeat the provisions of any law, or (c) is fraudulent, or (d) involves or implies injury to the person or property of another, or (e) the Court
  • 4.  Who may create trusts.-A trust may be created- (a) by every person competent to contract, 1* and,  (b) with the permission of a principal Civil Court of original jurisdiction, by or on behalf of a minor; but subject in each case to the law for the time being in force as to the circumstances and extent in and to which the author of the trust may dispose of the trust-property.
  • 5.  Subject of trust.-The subject-matter of a trust must be    Who may be beneficiary. Disclaimer by beneficiary.-Every      property transferable to the beneficiary. It must not be merely beneficial interest under a subsisting trust. person capable of holding property may be a beneficiary. A proposed beneficiary may renounce his interest under the trust by disclaimer addressed to the trustee, or by setting up, with notice of the trust, a claim inconsistent therewith. Who may be trustee.-Every person capable of holding property   may be a trustee; but, where the trust involves the exercise of discretion, he cannot execute it unless he is competent to contract
  • 6.  Trustee to execute trust.-The trustee is bound to fulfil the    purpose of the trust, and to obey the directions of the author of the trust given at the time of its creation, except as modified by the consent of all the beneficiaries being competent to contract.
  • 7.  Right to title-deed  Right to reimbursement of expenses  Right to be recouped for erroneous overpayment  Right to indemnity from gainer by breach of trust.  Right to apply to Court for opinion in management of trust property  Right to settlement of accounts
  • 8.  (a) when its purpose is completely fulfilled; or  (b) when its purpose becomes unlawful; or  (c) when the fulfilment of its purpose becomes impossible by  destruction of the trust-property or otherwise; or  (d) when the trust, being revocable, is expressly revoked