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The Indian Trust Act

An Act to define and amend the law relating to Private Trusts and Trustees.
1882
List of Chapters & Sections

  1. All sections

  2. 1
     Short title
  3. 2
     Repeal of enactments
  4. 3
     Interpretation-clause
  5. 4
     Lawful purpose
  6. 5
     Trust of immoveable property
  7. 6
     Creation of trust
  8. 7
     Who may create trusts
  9. 8
     Subject of trust
  10. 9
     Who may be beneficiary
  11. 10
     Who may be trustee
  12. 11
     Trustee to execute trust
  13. 12
     Trustee to inform himself of state of trust-property
  14. 13
     Trustee to protect title to trust-property
  15. 14
     Trustee not to set up title adverse to beneficiary
  16. 15
     Care required from trustee
  17. 16
     Conversion of perishable property
  18. 17
     Trustee to be impartial
  19. 18
     Trustee to prevent waste
  20. 19
     Accounts and information
  21. 20
     Investment of trust-money
  22. 20A
     Power to purchase redeemable stock at a premium
  23. 21
     Mortgage of land pledged to Government under Act 26 of 1871
  24. 22
     Sale by trustee directed to sell within specified time
  25. 23
     Liability for breach of trust
  26. 24
     No set-off allowed to trustee
  27. 25
     Non-liability for predecessor’s default
  28. 26
     Non-liability for co-trustee’s default
  29. 27
     Several liability of co-trustees
  30. 28
     Non-liability of trustee paying without notice of transfer by beneficiary
  31. 29
     Liability of trustee where beneficiary’s interest is forfeited to the Government
  32. 30
     Indemnity of trustees
  33. 31
     Right to title-deed
  34. 32
     Right to reimbursement of expenses
  35. 33
     Right to indemnity from gainer by breach of trust
  36. 34
     Right to apply to Court for opinion in management of trust -property
  37. 35
     Right to settlement of accounts
  38. 36
     General authority of trustee
  39. 37
     Power to sell in lots, and either by public auction or private contract
  40. 38
     Power to sell under special conditions
  41. 39
     Power to convey
  42. 40
     Power to vary investments
  43. 41
     Power to apply property of minors, etc., for their maintenance, etc
  44. 42
     Power to give receipts
  45. 43
     Power to compound, etc
  46. 44
     Power to several trustees of whom one disclaims or dies
  47. 45
     Suspension of trustee’s powers by decree
  48. 46
     Trustee cannot renounce after acceptance
  49. 47
     Trustee cannot delegate
  50. 48
     Co-trustees cannot act singly
  51. 49
     Control of discretionary power
  52. 50
     Trustee may not charge for services
  53. 51
     Trustee may not use trust-property for his own profit
  54. 52
     Trustee for sale or his agent may not buy
  55. 53
     Trustee may not buy beneficiary’s interest without permission
  56. 54
     Co-trustees may not lend to one of themselves
  57. 55
     Rights to rents and profits
  58. 56
     Right to specific execution
  59. 57
     Right to inspect and take copies of instrument of trust, accounts, etc
  60. 58
     Right to transfer beneficial interest
  61. 59
     Right to sue for execution of trust
  62. 60
     Right to proper trustees
  63. 61
     Right to compel to any act of duty
  64. 62
     Wrongful purchase by trustee
  65. 63
     Following trust-property into the hands of third persons; into that into which it has been converted
  66. 64
     Saving of rights of certain transferees
  67. 65
     Acquisition by trustee of trust-property wrongfully converted
  68. 66
     Right in case of blended property
  69. 67
     Wrongful employment by partner-trustee of trust property for partnership purposes
  70. 68
     Liability of beneficiary joining in breach of trust
  71. 69
     Rights and liabilities of beneficiary’s transferee
  72. 70
     Office how vacated
  73. 71
     Discharge of trustee
  74. 72
     Petition to be discharged from trust
  75. 73
     Appointment of new trustees on death, etc
  76. 74
     Appointment by Court
  77. 75
     Vesting of trust-property in new trustees
  78. 76
     Survival of trust
  79. 77
     Trust how extinguished
  80. 78
     Revocation of trust
  81. 79
     Revocation not to defeat what trustees have duly done
  82. 80
     Where obligation in nature of trust is created
  83. 81
     [Repealed.]
  84. 82
     [Repealed.]
  85. 83
     Trust incapable of execution or executed without exhausting trust -property
  86. 84
     Transfer for illegal purpose
  87. 85
     Bequest for illegal purpose
  88. 86
     Transfer pursuant to rescindable contract
  89. 87
     Debtor becoming creditor’s representative
  90. 88
     Advantage gained by fiduciary
  91. 89
     Advantage gained by exercise of undue influence
  92. 90
     Advantage gained by qualified owner
  93. 91
     Property acquired with notice of existing contrac
  94. 92
     Purchase by person contracting to buy property to be held on trust
  95. 93
     Advantage secretly gained by one of several compounding creditors
  96. 94
     Repealed
  97. 95
     Obligor’s duties, liabilities and disabilities
  98. 96
     Saving of rights of bona fide purchasers