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THE INDIAN TRUSTS ACT, 1882

Title : THE INDIAN TRUSTS ACT, 1882

Year : 1882



CHAPTER IX

OF CERTAIN OBLIGATIONS IN THE NATURE OF TRUSTS


80.


Where obligation in nature of trust is created.


80. Where obligation in nature of trust is created.-An obligation in the nature of a trust is created in the following cases.

1* * * *
*
I
----------------------------------------------------------------------
1 Repealed by Act 45 of 1988, s. 7 (w.e.f. 19.5.1988)

48.83.Trust incapable of execution or executed without exhausting trust-
property.


83. Trust incapable of execution or executed without exhausting trust-property.-Where a trust is incapable of being executed, or where the trust is completely executed without exhausting the trust-
property, the trustee, in the absence of a direction to the contrary, must hold the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust or his legal representative.

Illustrations

(a) A conveys certain land to B--

"upon trust," and no trust is declared; or

"upon trust to be thereafter declared," and no such declaration is ever made; or

upon trusts that are too vague to be executed; or

upon trusts that become incapable of taking effect; or

"in trust for C," and C renounces his interest under the trust.

In each of these cases B holds the land for the benefit of A.

(b) A transfers Rs. 10,000 in the four per cents. to B, in trust to pay the interest annually accruing due to C for her life. A dies.
Then C dies. B holds the fund for the benefit of As legal representative.

(c) A conveys land to B upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes, and the other for the maintenance of the worship of an idol. B sells the land, but the charitable purposes wholly fail, and the maintenance of the worship does not exhaust the second moiety of the proceeds. B holds the first moiety and the part unapplied of the second moiety for the benefit of A or his legal representative.

(d) A bequeaths Rs. 10,000 to B, to be laid out in buying land to be conveyed for purposes which either wholly or partially fail to take effect. B holds for the benefit of As legal representative the undisposed of interest in the money or land if purchased.


84.Transfer for illegal purpose.


84. Transfer for illegal purpose.-Where the owner of property transfers it to another for an illegal purpose and such purpose is not carried into execution, or the transferor is not as guilty as the transferee, or the effect of permitting the transferee to retain the property might be to defeat the provisions of any law, the transferee must hold the property for the benefit of the transferor.


85.Bequest for illegal purpose.


85. Bequest for illegal purpose.-Where a testator bequeaths certain property upon trust and the purpose of the trust appears on the face of the will to be

---------------------------------------------------------------------
1 See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2 The Bengal Land-Revenue Sales Act, 1859.49.unlawful, or during the testators lifetime the legatee agrees with him to apply the property for an unlawful purpose, the legatee must hold the property for the benefit of the testators legal representative.

Bequest of which revocation is prevented by coercion.

Marginal heading. Where property is bequeathed and the revocation of the bequest is prevented by coercion, the legatee must hold the property for the benefit of the testators legal representative.


86.Transfer pursuant to rescindable contract.


86. Transfer pursuant to rescindable contract.-Where property is transferred in pursuance of a contract which is liable to rescission or induced by fraud or mistake, the transferee must, on receiving notice to that effect, hold the property for the benefit of the transferor, subject to repayment by the latter of the consideration actually paid.


87.Debtor becoming creditors representative.


87. Debtor becoming creditors representative.-Where a debtor becomes the executor or other legal representative of his creditor, he must hold the debt for the benefit of the persons interested therein.


88.Advantage gained by fiduciary.


88. Advantage gained by fiduciary.-Where a trustee, executor, partner, agent, director of a company, legal adviser, or other person bound in a fiduciary character to protect the interests of another person, by availing himself of his character, gains for himself any pecuniary advantage, or where any person so bound enters into any dealings under circumstances in which his own interests are, or may be, adverse to those of such other person and thereby gains for himself a pecuniary advantage, he must hold for the benefit of such other person the advantage so gained.

Illustrations

(a) A, an executor, buys at an undervalue 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 lessor for payment to himself of a lakh of rupees. A holds the lakh for the benefit of the partnership.

50

(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 As legal representative for the profits arising from
As 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 incumbrances on his ward
Bs estate at an undervalue. A holds for the benefit of B the incumbrances so bought, and can only charge him with what he has actually paid.


89.Advantage gained by exercise of undue influence.


89. Advantage gained by exercise of undue influence.-Where, by the exercise of undue influence, any advantage is gained in derogation of the interests of another, the person gaining such advantage without consideration, or with notice that such influence has been exercised, must hold the advantage for the benefit of the person whose interests have been so prejudiced.


90.


Advantage gained by qualified owner.


90. Advantage gained by qualified owner.-Where a tenant for life, co-owner, mortgagee or other qualified owner of any property, by availing himself of his position as such, gains an advantage in derogation of the rights of the other persons interested in the property, or where any such owner, as representing all persons interested in such property, gains any advantage, he must hold, for the benefit of all persons so interested, the advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.

Illustrations

(a) A, the tenant for life of leasehold property, renews the lease in his own name and for his own benefit. A holds the renewed lease for the benefit of all those interested in the old lease.

(b) A village belongs to a Hindu family. A, one of its members, pays nazrana to Government and thereby procures his name to be entered as the inamdar of the village. A holds the village for the benefit of himself and the other members.

(c) A mortgages land to B, who enters into possession. B allows the Government revenue to fall into arrear with a view to the land being put up for sale and his becoming himself the purchaser of it.
The land is accordingly sold to B. Subject to the repayment of the amount due on the mortgage and of his expenses properly incurred as mortgagee, B holds the land for the benefit of A.


91.Property acquired with notice of existing contract.


91. Property acquired with notice of existing contract.-Where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance could be enforced, the former must hold the property for the benefit of the latter to the extent necessary to give effect to the contract.

51.92.Purchase by person contracting to buy property to be held on trust.


92. Purchase by person contracting to buy property to be held on trust.-Where a person contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly, he must hold the property for their benefit to the extent necessary to give effect to the contract.


93.Advantage secretly gained by one of several compounding creditors.


93. Advantage secretly gained by one of several compounding creditors.-Where creditors compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains an undue advantage over his co-creditors, he must hold for the benefit of such creditors the advantage so gained.

1* * * * *


95.Obligors duties, liabilities and disabilities.


95. Obligors duties, liabilities and disabilities.-The person holding property in accordance with any of the preceding sections of this Chapter must, so far as may be, perform the same duties, and is subject, so far as may be, to the same liabilities and disabilities, as if he were a trustee of the property for the person for whose benefit he holds it-:

Provided that (a) where he rightfully cultivates the property or employs it in trade or business, he is entitled to reasonable remuneration for his trouble, skill and loss of time in such cultivation or employment; and (b) where he holds the property by virtue of a contract with a person for whose benefit he holds it, or with any one through whom such person claims, he may, without the permission of the Court, buy or become lessee or mortgagee of the property or any part thereof.
---------------------------------------------------------------------
1 Repealed by Act 45 of 1988, s.7 (w.e.f. 19-5-1988).

52.96.Saving of rights of bona fide purchasers.


96. Saving of rights of bona fide purchasers.-Nohing contained in this Chapter shall impair the rights of transferees in good faith for consideration, or create an obligation in evasion of any law for the time being in force.


THE SCHEDULE


STATUTE


THE SCHEDULE

(See section 2.)

STATUTE

---------------------------------------------------------------------
Year and Chapter Short title Extent of repeal
---------------------------------------------------------------------
29 Car. II, c. 3. The Statute of Frauds. Sections 7, 8, 9, 10 and 11.---------------------------------------------------------------------

ACTS OF THE GOVERNOR GENERAL IN COUNCIL
---------------------------------------------------------------------
Number and year Short title Extent of repeal
---------------------------------------------------------------------
XXVIII of 1866 . . The Trustees and Mortga- Sections 2, 3, 4, 5, gees Powers Act, 1866: 32, 33, 34, 35, 36 and
37.In section 1*** 43 the word "trustee"
wherever it occurs ;
and in section 43.the words "management or" and "the trust-
property or".

I of 1877 . . . The Specific Relief Act, In section 12 the
1877 first illustration.
---------------------------------------------------------------------

---------------------------------------------------------------------
1 The figures "39", and by implication the word "and", rep. by Act
12 of 1891, s. 2 and Sch. I.

 

Last updated on May, 2015
Title : THE INDIAN TRUSTS ACT, 1882

Year : 1882



CHAPTER IX

OF CERTAIN OBLIGATIONS IN THE NATURE OF TRUSTS


80.


Where obligation in nature of trust is created.


80. Where obligation in nature of trust is created.-An obligation in the nature of a trust is created in the following cases.

1* * * *
*
I
----------------------------------------------------------------------
1 Repealed by Act 45 of 1988, s. 7 (w.e.f. 19.5.1988)

48.83.Trust incapable of execution or executed without exhausting trust-
property.


83. Trust incapable of execution or executed without exhausting trust-property.-Where a trust is incapable of being executed, or where the trust is completely executed without exhausting the trust-
property, the trustee, in the absence of a direction to the contrary, must hold the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust or his legal representative.

Illustrations

(a) A conveys certain land to B--

"upon trust," and no trust is declared; or

"upon trust to be thereafter declared," and no such declaration is ever made; or

upon trusts that are too vague to be executed; or

upon trusts that become incapable of taking effect; or

"in trust for C," and C renounces his interest under the trust.

In each of these cases B holds the land for the benefit of A.

(b) A transfers Rs. 10,000 in the four per cents. to B, in trust to pay the interest annually accruing due to C for her life. A dies.
Then C dies. B holds the fund for the benefit of As legal representative.

(c) A conveys land to B upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes, and the other for the maintenance of the worship of an idol. B sells the land, but the charitable purposes wholly fail, and the maintenance of the worship does not exhaust the second moiety of the proceeds. B holds the first moiety and the part unapplied of the second moiety for the benefit of A or his legal representative.

(d) A bequeaths Rs. 10,000 to B, to be laid out in buying land to be conveyed for purposes which either wholly or partially fail to take effect. B holds for the benefit of As legal representative the undisposed of interest in the money or land if purchased.


84.Transfer for illegal purpose.


84. Transfer for illegal purpose.-Where the owner of property transfers it to another for an illegal purpose and such purpose is not carried into execution, or the transferor is not as guilty as the transferee, or the effect of permitting the transferee to retain the property might be to defeat the provisions of any law, the transferee must hold the property for the benefit of the transferor.


85.Bequest for illegal purpose.


85. Bequest for illegal purpose.-Where a testator bequeaths certain property upon trust and the purpose of the trust appears on the face of the will to be

---------------------------------------------------------------------
1 See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2 The Bengal Land-Revenue Sales Act, 1859.49.unlawful, or during the testators lifetime the legatee agrees with him to apply the property for an unlawful purpose, the legatee must hold the property for the benefit of the testators legal representative.

Bequest of which revocation is prevented by coercion.

Marginal heading. Where property is bequeathed and the revocation of the bequest is prevented by coercion, the legatee must hold the property for the benefit of the testators legal representative.


86.Transfer pursuant to rescindable contract.


86. Transfer pursuant to rescindable contract.-Where property is transferred in pursuance of a contract which is liable to rescission or induced by fraud or mistake, the transferee must, on receiving notice to that effect, hold the property for the benefit of the transferor, subject to repayment by the latter of the consideration actually paid.


87.Debtor becoming creditors representative.


87. Debtor becoming creditors representative.-Where a debtor becomes the executor or other legal representative of his creditor, he must hold the debt for the benefit of the persons interested therein.


88.Advantage gained by fiduciary.


88. Advantage gained by fiduciary.-Where a trustee, executor, partner, agent, director of a company, legal adviser, or other person bound in a fiduciary character to protect the interests of another person, by availing himself of his character, gains for himself any pecuniary advantage, or where any person so bound enters into any dealings under circumstances in which his own interests are, or may be, adverse to those of such other person and thereby gains for himself a pecuniary advantage, he must hold for the benefit of such other person the advantage so gained.

Illustrations

(a) A, an executor, buys at an undervalue 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 lessor for payment to himself of a lakh of rupees. A holds the lakh for the benefit of the partnership.

50

(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 As legal representative for the profits arising from
As 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 incumbrances on his ward
Bs estate at an undervalue. A holds for the benefit of B the incumbrances so bought, and can only charge him with what he has actually paid.


89.Advantage gained by exercise of undue influence.


89. Advantage gained by exercise of undue influence.-Where, by the exercise of undue influence, any advantage is gained in derogation of the interests of another, the person gaining such advantage without consideration, or with notice that such influence has been exercised, must hold the advantage for the benefit of the person whose interests have been so prejudiced.


90.


Advantage gained by qualified owner.


90. Advantage gained by qualified owner.-Where a tenant for life, co-owner, mortgagee or other qualified owner of any property, by availing himself of his position as such, gains an advantage in derogation of the rights of the other persons interested in the property, or where any such owner, as representing all persons interested in such property, gains any advantage, he must hold, for the benefit of all persons so interested, the advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.

Illustrations

(a) A, the tenant for life of leasehold property, renews the lease in his own name and for his own benefit. A holds the renewed lease for the benefit of all those interested in the old lease.

(b) A village belongs to a Hindu family. A, one of its members, pays nazrana to Government and thereby procures his name to be entered as the inamdar of the village. A holds the village for the benefit of himself and the other members.

(c) A mortgages land to B, who enters into possession. B allows the Government revenue to fall into arrear with a view to the land being put up for sale and his becoming himself the purchaser of it.
The land is accordingly sold to B. Subject to the repayment of the amount due on the mortgage and of his expenses properly incurred as mortgagee, B holds the land for the benefit of A.


91.Property acquired with notice of existing contract.


91. Property acquired with notice of existing contract.-Where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance could be enforced, the former must hold the property for the benefit of the latter to the extent necessary to give effect to the contract.

51.92.Purchase by person contracting to buy property to be held on trust.


92. Purchase by person contracting to buy property to be held on trust.-Where a person contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly, he must hold the property for their benefit to the extent necessary to give effect to the contract.


93.Advantage secretly gained by one of several compounding creditors.


93. Advantage secretly gained by one of several compounding creditors.-Where creditors compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains an undue advantage over his co-creditors, he must hold for the benefit of such creditors the advantage so gained.

1* * * * *


95.Obligors duties, liabilities and disabilities.


95. Obligors duties, liabilities and disabilities.-The person holding property in accordance with any of the preceding sections of this Chapter must, so far as may be, perform the same duties, and is subject, so far as may be, to the same liabilities and disabilities, as if he were a trustee of the property for the person for whose benefit he holds it-:

Provided that (a) where he rightfully cultivates the property or employs it in trade or business, he is entitled to reasonable remuneration for his trouble, skill and loss of time in such cultivation or employment; and (b) where he holds the property by virtue of a contract with a person for whose benefit he holds it, or with any one through whom such person claims, he may, without the permission of the Court, buy or become lessee or mortgagee of the property or any part thereof.
---------------------------------------------------------------------
1 Repealed by Act 45 of 1988, s.7 (w.e.f. 19-5-1988).

52.96.Saving of rights of bona fide purchasers.


96. Saving of rights of bona fide purchasers.-Nohing contained in this Chapter shall impair the rights of transferees in good faith for consideration, or create an obligation in evasion of any law for the time being in force.


THE SCHEDULE


STATUTE


THE SCHEDULE

(See section 2.)

STATUTE

---------------------------------------------------------------------
Year and Chapter Short title Extent of repeal
---------------------------------------------------------------------
29 Car. II, c. 3. The Statute of Frauds. Sections 7, 8, 9, 10 and 11.---------------------------------------------------------------------

ACTS OF THE GOVERNOR GENERAL IN COUNCIL
---------------------------------------------------------------------
Number and year Short title Extent of repeal
---------------------------------------------------------------------
XXVIII of 1866 . . The Trustees and Mortga- Sections 2, 3, 4, 5, gees Powers Act, 1866: 32, 33, 34, 35, 36 and
37.In section 1*** 43 the word "trustee"
wherever it occurs ;
and in section 43.the words "management or" and "the trust-
property or".

I of 1877 . . . The Specific Relief Act, In section 12 the
1877 first illustration.
---------------------------------------------------------------------

---------------------------------------------------------------------
1 The figures "39", and by implication the word "and", rep. by Act
12 of 1891, s. 2 and Sch. I.

 

Last updated on May, 2015

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