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Section 10 – The Indian Trusts Act, 1882

The Indian Trusts Act, 1882

 

10. Who may be trustee

 

Every Person capable of holding property may be a trustee; but, where the trust involves the exercise of discretion, he cannot execute it unless he is competent to contract.

 

No one bound to accept trust. -No one is bound to accept a trust.

 

Acceptance of trust. -A trust is accepted by ally words or acts of the trustee indicating with reasonable certainly such acceptance.

 

Disclaimer of trust. -Instead of accepting a trust, the intended trustee may, within a reasonable period, disclaim it and such disclaimer shall prevent the trust-property from vesting in him.

 

A disclaimer by one of two or others, and makes him or them sole trustee or trustees from the date of the creation of the trust.

 

Illustration

 

(a) A bequeaths certain property to B and C, his executors, as trustees for D, B and C prove A’s will. Ibis is in itself an acceptance of the trust, B and C hold the property in trust for D.

 

(b) A transfers certain Property to B in trust to sell it and to pay out of the Proceeds A’s debts. B accepts the trust and sells the property. So far as regards B, a trust of the proceeds is created for A’s creditors.

 

(c) A bequeaths a lakh of rupees to B upon certain trusts and appoints him his executor. B severs the lakh from the general assets and appropriates it to the specific purpose. This is an acceptance of the trust.

 

 

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The Indian Trusts Act, 1882

 

Indian Laws – Bare Acts

 

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