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Trustee to prevent active waste
Accounts and information

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Investment of trust-money
Mortgage of land pledged to Government under Act XXVI of 1871
Deposit in Government Savings Bank

13. Sale by trustee directed to sell within specified time. Liability for breach of trust

23 No set-off allowed to trustee

24 Non-liability for predecessor's default Non-liability for co-trustee's default . Joining in receipt for conformity Several liability of co-trustees .

27 Contribution as between co-trustees .

很 Non-liability of trustee paying without notice of transfer by beneficiary - 25 Liability of trustee where beneficiary's interest is forfeited to Government 29 Indemnity of trustees

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CHAPTER IV.

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OF THE RIGHTS AND POWERS OF TRUSTEES.
Right to title-deeds .
Right to reimbursement of expenses.
Right to be recouped for erroneous over-payment
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
General authority of trustee
Power to sell in lots, and either by public auction or private contract
Power to sell under special conditions
Power to buy-in and re-sell
Time allowed for selling trust-property
Power to convey .
Power to vary investments
Power to apply property of minors &c. for their maintenance, &c.
Power to give receipts
Power to compound, &c. .
Power to several trustees of whom one disclaims or dies
Suspension of trustee's powers by decree .

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Trustee for sale or his agent may not buy
Trustee may not buy beneficiary's interest without permission.
Trustee for purchase
Co-trustees may not lend to one of themselves

52 53

ib.

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CHAPTER VI.

OF THE RIGHTS AND LIABILITIES OF THE BENEFICIARY.

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55 56 ib. 57 58 59 60 61 62

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Rights to rents and profits
Right to specific execution
Right to transfer of possession .
Right to inspect and take copies of instrument of trust, accounts, &c.
Right to transfer beneficial interest .
Right to sue for execution of trust
Right to proper trustees
Right to compel to any act of duty
Wrongful purchase by trustee
Following trust-property-

into the hands of third persons .

into that into which it has been converted
Saving of rights of certain transferees
Acquisition by trustee of trust-property wrongfully converted .
Right in case of blended property
Wrongful employment by partner-trustee of trust-property for partnership

purposes
Liability of beneficiary joining in breach of trust
Rights and liabilities of beneficiary's transferee

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ACT No. II OF 1882.

PASSED BY THE GOVERNOR GENERAL OF

INDIA IN COUNCIL.

Received the assent of the Governor General on the 13th January, 1882.

An Act to define and amend the law relating to

Private Trusts and Trustees.

WHEREAS it is expedient to define and amend the law Preamble. relating to private trusts and trustees; It is hereby enacted as follows:

CHAPTER I.

PRELIMINARY.

1. This Act may be called “The Indian Trusts Act, 1882': Short title. and it shall come into force on the first day of March, 1882. Commence

It extends in the first instance to the territories respectively Local administered by the Governor of Madras in Council, the extent. Lieutenant-Governors of the North-Western Provinces and the Panjáb, the Chief Commissioners of Oudh, the Central Provinces, Coorg and Assam ; and the Local Government may from time to time, by notification in the official Gazette, extend it to any other part of British India'. But nothing Savings. herein contained affects the rules of Muhammadan 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 endow

1 That such a power is valid, see The Queen v. Burah, L. R., 5 I. A. 178 (S. C. 4 Cal. 172), per Lord Selborne.

? A suit will lie to compel the heir of the deceased manager of a Hindú temple to make good out of the

property inherited by him the defi. ciency in the devasthanam funds caused by breach of trust and misappropriation by the deceased, 4 Mad. H. C. 2.

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