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