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Indian Trusts Act, 1882

Private-trust law organised by section, trustee/beneficiary workflow, historical repeal routes, practical guides and carefully separated public/charitable/tax/FCRA/company-law overlays.

How to use this hub

Start with scope

Section 1 savings decide whether this private-trust statute is the right regime.

Then the provision

Use the exact section and trust instrument; do not infer powers from headings or market practice.

Finish with evidence

Link title/accounts/consents/court records to the duty, power, breach or remedy actually in issue.

Separate overlays

Public/charitable, tax, FCRA, company and state regimes are mapped only when their own trigger applies.

Primary official sources

Sections (97)

Section 1 — Short title, commencement, local extent and savings

Section 10 — Who may be trustee; acceptance and disclaimer

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 2 — Repeal of enactments

Section 20 — Investment of trust-money

Section 20A — Power to purchase redeemable stock at a premium

Section 21 — Mortgage of land pledged to Government; deposit in Government Savings Bank

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; joining in receipt

Section 27 — Several liability and contribution between co-trustees

Section 28 — Non-liability of trustee paying without notice of transfer by beneficiary

Section 29 — Liability where beneficiary’s interest is forfeited to Government

Section 3 — Interpretation clause

Section 30 — Indemnity of trustees

Section 31 — Right to title-deed

Section 32 — Right to reimbursement; recoupment for erroneous over-payment

Section 33 — Right to indemnity from person gaining by breach of trust

Section 34 — Right to apply to Court for opinion in management

Section 35 — Right to settlement of accounts

Section 36 — General authority of trustee

Section 37 — Power to sell in lots, by auction or private contract

Section 38 — Power to sell under special conditions; buy-in and re-sale; time for sale

Section 39 — Power to convey

Section 4 — Lawful purpose

Section 40 — Power to vary investments

Section 41 — Power to apply property of minors etc. for maintenance

Section 42 — Power to give receipts

Section 43 — Power to compound, compromise and settle

Section 44 — Power to several trustees where one disclaims or dies

Section 45 — Suspension of trustee’s powers by decree

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 5 — Trust of immoveable and moveable property

Section 50 — Trustee may not charge for services

Section 51 — Trustee may not use trust-property for own profit

Section 52 — Trustee for sale or agent may not buy

Section 53 — Trustee may not buy beneficiary’s interest without permission; trustee for purchase

Section 54 — Co-trustees may not lend to one of themselves

Section 55 — Right to rents and profits

Section 56 — Right to specific execution; transfer of possession

Section 57 — Right to inspect and take copies of instrument, accounts, etc.

Section 58 — Right to transfer beneficial interest

Section 59 — Right to sue for execution of trust

Section 6 — Creation of trust

Section 60 — Right to proper trustees

Section 61 — Right to compel trustee to perform duty

Section 62 — Wrongful purchase by trustee

Section 63 — Following trust-property into third persons or substituted property

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 for partnership purposes

Section 68 — Liability of beneficiary joining in breach of trust

Section 69 — Rights and liabilities of beneficiary’s transferee

Section 7 — Who may create trusts

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; rule for selecting new trustees

Section 75 — Vesting of trust-property in new trustees; powers

Section 76 — Survival of trust

Section 77 — Trust how extinguished

Section 78 — Revocation of trust

Section 79 — Revocation not to defeat what trustees have duly done

Section 8 — Subject of trust

Section 80 — Where obligation in nature of trust is created

Section 81 — Repealed provision

Section 82 — Repealed provision

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

Section 84 — Transfer for illegal purpose

Section 85 — Bequest for illegal purpose; revocation prevented by coercion

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 9 — Who may be beneficiary; disclaimer

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 provision

Section 95 — Obligor’s duties, liabilities and disabilities

Section 96 — Saving of rights of bona fide purchasers

Schedules (1)

Schedule — repeals and historical cross-reference

Guides (5)

Beneficiary remedies, tracing and third-party rights

Private trust creation workflow

Private vs public / charitable trust law map

Trustee change, extinction and revocation

Trustee governance and breach workflow

Instruments (6)

Section 8 company / CSR overlay

FCRA statutory forms and portal workflow register

Foreign Contribution (Regulation) Rules, 2011

Income-tax charitable registration and exemption overlay

State public-trust and charity-commissioner overlay

State societies registration amendments, rules and registrar circulars

Disclaimer

This hub is for education and research. Apply the official law, delegated legislation and binding case law in force on the relevant event date and obtain professional advice where required.