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Section 83 – The Indian Trusts Act, 1882

The Indian Trusts Act, 1882


83. Trust incapable of execution or executed without exhausting trust-property


Where a trust is incapable of being executed, or where the trust is completely executed without exhausting the trust-property, the trustee, in the absence of a direction to the contrary, must hold the trust property, or so much thereof as is unexhausted, for the benefit of the author of the trust or his legal representative.




(a) A conveys certain land to B. –


Upon trust”, and no trust declared; or


Upon trust to be thereafter declared”, and no such declaration is ever made; or upon trusts that are too vague to be executed; or


Upon trust that become incapable of taking effect; or


“In trust for C’, and C renounces his interest under the trust.


In each of these cases B holds the land for the benefit of A.


(b) A transfers Rs. 10,000 at the four per cent to B, in trusts to pay the interest annually accruing due to C for her life. A dies. Then C dies. B holds the fund for the benefit of A’s legal representative.


(c) A conveys land to B upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes, and the other for the maintenance of the worship of an idol. B sells the land, but the charitable purposes wholly fail, and the maintenance of the worship does not exhaust the second moiety of the proceeds. B holds the first moiety and the part unapplied for the second moiety for the benefit of A or his legal representative.


(d) A bequest Rs. 10,000 to B, to be laid out, in buying land to be conveyed for purposes which either wholly or partially fail to take effect. B holds for the benefit of A’s legal representative the undisposed of interest in the money or land if purchased.



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The Indian Trusts Act, 1882


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