Indian Trusts Act,1882
Act No : 2
Section : Trustee to execute trust
11. Trustee to execute trust.-The trustee is bound to fulfil thepurpose of the trust, and to obey the directions of the author of thetrust given at the time of its creation, except as modified by theconsent of all the beneficiaries being competent to contract. Where the beneficiary is incompetent to contract, his consentmay, for the purposes of this section, be given by a principal CivilCourt of original jurisdiction. Nothing in this section shall be deemed to require a trustee toobey any direction when to do so would be impracticable, illegal ormanifestly injurious to the beneficiaries. Explanation.--Unless a contrary intention be expressed, thepurpose of a trust for the payment of debts shall be deemed to be (a)to pay only the debts of the author of the trust existing andrecoverable at the date of the instrument of trust, or, when suchinstrument is a will, at the date of his death, and (b) in the case ofdebts not bearing interest, to make such payment without interest. Illustrations (a) A, a trustee, is simply authorized to sell certain land bypublic auction. He cannot sell the land by private contract. (b) A, a trustee of certain land for X, Y and Z, is authorized tosell the land to B for a specified sum. X, Y and Z, being competent tocontract, consent that A may sell the land to C for a less sum. A maysell the land accordingly. (c) A, a trustee for B and her children, is directed by theauthor of the trust to lend, on B's request, trust-property to B'shusband, C, on the security of his bond. C becomes insolvent and Brequests A to make the loan. A may refuse to make it.
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