Indian Trusts Act,1882
Act No : 2
Section : Right to reimbursement of expenses
32. Right to reimbursement of expenses.-Every trustee mayreimburse himself, or pay or discharge out of the trust-property, allexpenses properly incurred in or about the execution of the trust, orthe realization, preservation, or benefit of the trust-property, orthe protection or support of the beneficiary.---------------------------------------------------------------------1 The words "to Govt." successively amended by the A. O. 1937 andthe A. O. 1950 to read as above.2 Subs. by the A. O. 1937 for "the Govt.".33 If he pays such expenses out of his own pocket he has a firstcharge upon the trust-property for such expenses and interest thereon;but such charge (unless the expenses have been incurred with thesanction of a principal Civil Court of original jurisdiction) shall beenforced only by prohibiting any disposition of the trust-propertywithout previous payment of such expenses and interest. If the trust-property fail, the trustee is entitled to recoverfrom the beneficiary personally on whose behalf he acted, and at whoserequest, expressed or implied, he made the payment, the amount of suchexpenses.Right to be recouped for erroneous over-payment. Where a trustee has by mistake made an over-payment to thebeneficiary, he may reimburse the trust-property out of thebeneficiary's interest. If such interest fail, the trustee is entitledto recover from the beneficiary personally the amount of such over-payment.
