Section 62:
Wrongful purchase by trustee.
Where a trustee has wrongfully bought trust-property,
the beneficiary has a right to have the property declared subject to the trust or retransferred by the
trustee, if it remains in his hands unsold, or, if it has been bought from him by any person with
notice of the trust, by such person. But in such case the beneficiary must repay the purchase -money
paid by the trustee, with interest, and such other expenses (if any) as he has properly incurred in
the preservation of the property; and the trustee or purchaser must (a) account for the net profits of
the property, (b) be charged with an occupation-rent, if he has been in actual possession of the
property, and (c) allow the beneficiary to deduct a proportionate part of the purchase-money if the
property has been deteriorated by the acts or omissions of the trustee or purchaser.
Nothing in this section--
(a) impairs the rights of lessees and others who, before the institution of a suit to have the
property declared subject to the trust or retransferred, have contracted in good faith with the trustee or
purchaser; or
(b) entitles the beneficiary to have the property declared subject to the trust or retransferred
where he, being competent to contract, has himself, without coercion or undue influence having been
brought to bear on him, ratified the sale to the trustee with full knowledge of the facts of the case and
of his rights as against the trustee.