Section 61 of the Indian Trust Act, 1882 – Right to compel to any act of duty

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Section 61: Right to compel to any act of duty

The beneficiary has a right that his trustee shall be compelled to perform any particular act of his duty as such, and restrained from committing any contemplated or probable breach of trust. Illustrations

  • (a) A contracts with B to pay him monthly Rs.100 for the benefit of C. B writes and signs a letter declaring that he will hold in trust for C the money so to be paid. A fails to pay the money in accordance with his contract. C may compel B on a proper indemnity to allow C to sue on the contract in B’s name.
  • (b) A is trustee of certain land, with a power to sell the same and pay the proceeds to B and C equally. A is about to make an improvident sale of the land. B may sue on behalf of himself and C for an injunction to restrain A from making the sale.

Source: official text of The Indian Trust Act, 1882 as published on India Code (PDF). All sections of the Indian Trust Act, 1882.

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