Indian Trusts Act,1882

Act No : 2

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Section : Sale by trustee directed to sell within specified time

22. Sale by trustee directed to sell within specified time.-Wherea trustee directed to sell within a specified time extends such time,the burden of proving, as between himself and the beneficiary, thatthe latter is not prejudiced by the extension lies upon the trustee,unless the extension has been authorized by a principal Civil Court oforiginal jurisdiction. Illustration A bequeaths property to B, directing him with all convenientspeed and within five years to sell it, and apply the proceeds for thebenefit of C. In the exercise of reasonable discretion, B postponesthe sale for six years. The sale is not thereby rendered invalid, butC, alleging that he has been injured by the postponement, institutes asuit against B to obtain compensation. In such suit the burden ofproving that C has not been injured lies on B.

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