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Indian Trusts Act,1882

Act No : 2


Section : Right to specific execution

56. Right to specific execution.-The beneficiary is entitled to have the intention of the author of the trust specifically executed to the extent of the beneficiary's interest ;Right to transfer of possession. Right to transfer of possession.-and, where there is only one beneficiary and he is competent to contract, or where there are several beneficiaries and they are competent to contract and all of one mind, he or they may require the trustee to transfer the trust-property to him or them, or to such person as he or they may direct. When property has been transferred or bequeathed for the benefit of a married woman, so that she shall not have power to depriveherself of her beneficial interest, nothing in the second clause ofthis section applies to such property during her marriage. Illustrations (a) Certain Government securities are given to trustees upontrust to accumulate the interest until A attains the age of 24, andthen to transfer the gross amount to him. A on attaining majority may,as the person exclusively interested in the trust-property, requirethe trustees to transfer it immediately to him. (b) A bequeaths Rs. 10,000 to trustees upon trust to purchase anannuity for B, who has attained his majority and is otherwisecompetent to contract. B may claim the Rs. 10,000. (c) A transfers certain property to B and directs him to sell orinvest it for the benefit of C, who is competent to contract. C mayelect to take the property in its original character.


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