Act 2 of 1882

The Indian Trust Act, 1882

An Act to define and amend the law relating to Private Trusts and Trustees.

  • Ministry of Law and Justice
  • Legislative Department
  • Enacted 1882-01-13
  • 97 sections
SectionTitle
1 Short title.Read
2 Repeal of enactments.Read
3 Interpretation-clause.Read
4 Lawful purpose.Read
5 Trust of immoveable property.Read
6 Creation of trust.Read
7 Who may create trusts.Read
8 Subject of trust.Read
9 Who may be beneficiary.Read
10 Who may be trustee.Read
11 Trustee to execute trust.Read
12 Trustee to inform himself of state of trust-property.Read
13 Trustee to protect title to trust-property.Read
14 Trustee not to set up title adverse to beneficiary.Read
15 Care required from trustee.Read
16 Conversion of perishable property.Read
17 Trustee to be impartial.Read
18 Trustee to prevent waste.Read
19 Accounts and information.Read
20 Investment of trust-money.Read
20A Power to purchase redeemable stock at a premium.Read
21 Mortgage of land pledged to Government under Act 26 of 1871.Read
22 Sale by trustee directed to sell within specified time.Read
23 Liability for breach of trust.Read
24 No set-off allowed to trustee.Read
25 Non-liability for predecessor’s default.Read
26 Non-liability for co-trustee’s default.Read
27 Several liability of co-trustees.Read
28 Non-liability of trustee paying without notice of transfer by beneficiary.Read
29 Liability of trustee where beneficiary’s interest is forfeited to the Government.Read
30 Indemnity of trustees.Read
31 Right to title-deed.Read
32 Right to reimbursement of expenses.Read
33 Right to indemnity from gainer by breach of trust.Read
34 Right to apply to Court for opinion in management of trust -property.Read
35 Right to settlement of accounts.Read
36 General authority of trustee.Read
37 Power to sell in lots, and either by public auction or private contract.Read
38 Power to sell under special conditions.Read
39 Power to convey.Read
40 Power to vary investments.Read
41 Power to apply property of minors, etc., for their maintenance, etc.Read
42 Power to give receipts.Read
43 Power to compound, etc.Read
44 Power to several trustees of whom one disclaims or dies.Read
45 Suspension of trustee’s powers by decree.Read
46 Trustee cannot renounce after acceptance.Read
47 Trustee cannot delegate.Read
48 Co-trustees cannot act singly.Read
49 Control of discretionary power.Read
50 Trustee may not charge for services.Read
51 Trustee may not use trust-property for his own profit.Read
52 Trustee for sale or his agent may not buy.Read
53 Trustee may not buy beneficiary’s interest without permission.Read
54 Co-trustees may not lend to one of themselves.Read
55 Rights to rents and profits.Read
56 Right to specific execution.Read
57 Right to inspect and take copies of instrument of trust, accounts, etc.Read
58 Right to transfer beneficial interest.Read
59 Right to sue for execution of trust.Read
60 Right to proper trustees.Read
61 Right to compel to any act of duty.Read
62 Wrongful purchase by trustee.Read
63 Following trust-property into the hands of third persons; into that into which it has been converted.Read
64 Saving of rights of certain transferees.Read
65 Acquisition by trustee of trust-property wrongfully converted.Read
66 Right in case of blended property.Read
67 Wrongful employment by partner-trustee of trust property for partnership purposes.Read
68 Liability of beneficiary joining in breach of trust.Read
69 Rights and liabilities of beneficiary’s transferee.Read
70 Office how vacated.Read
71 Discharge of trustee.Read
72 Petition to be discharged from trust.Read
73 Appointment of new trustees on death, etc.Read
74 Appointment by Court.Read
75 Vesting of trust-property in new trustees.Read
76 Survival of trust.Read
77 Trust how extinguished.Read
78 Revocation of trust.Read
79 Revocation not to defeat what trustees have duly done.Read
80 Where obligation in nature of trust is created.Read
81 [Repealed.].Read
82 [Repealed.].Read
83 Trust incapable of execution or executed without exhausting trust -property.Read
84 Transfer for illegal purpose.Read
85 Bequest for illegal purpose.Read
86 Transfer pursuant to rescindable contract.Read
87 Debtor becoming creditor’s representative.Read
88 Advantage gained by fiduciary.Read
89 Advantage gained by exercise of undue influence.Read
90 Advantage gained by qualified owner.Read
91 Property acquired with notice of existing contractRead
92 Purchase by person contracting to buy property to be held on trust.Read
93 Advantage secretly gained by one of several compounding creditors.Read
94 Repealed.Read
95 Obligor’s duties, liabilities and disabilities.Read
96 Saving of rights of bona fide purchasers.Read
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