The Law of Equity and Trust ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. SID: LLB 00305037

1. Rights of the Trustee (Sec. 31 to 35 of the Trust Act, 1882)
Section 31: Right to title-deed
Section 32: Right to reimbursement (repayment) of expenses
Section 33: Right to indemnity (compensation) from gaining by breach of trust
Section 34: Right to apply to Court for opinion in management of trust-property
Section 35: Right to settlement of accounts| Sec. 36: General authority of trustee
Power and Functions of the Trustee (Sec. 37 to 45 of the Trust Act, 1882)
Section 37: Power to sell in lots and either by public auction or private contract
Section 38: Power to sell under special conditions; power to buy and re-sale
Section 39: Power to convey
Section 40: Power to vary investment
Section 41: Power to apply property of minor’s etc. for their maintenance
Section 42: Power to give receipt
Section 43: Power to compounds, etc.
Section 44: Power to several trustee of whom one disclaims or dies
Section 45: Suspension of trustee power by decrees
Disabilities of the Trustee (Sec. 46 to 54 of the Trust Act, 1882)
Section 46: Trustee cannot renounce after acceptance
Section 47: Trustee cannot delegate
Section 48: Co-trustee cannot act singly
Section 49: Control of discretionary power
Section 50: Trustee may not charge for services
Section 51: Trustee may not use trust-property for his own profit
Section 52: Trustee for sale of his agent may not buy
Section 53: Trustee may not buy beneficiary interest without permission
Section 54: Co-trustee may not lend to one themselves
Rights of the Beneficiary (Sec. 55 to 62 of the Trust Act, 1882)
Section 55: Right to rent and profits
Section 56: Right to specific execution
Section 57: Right to inspect and take copies of instruments, accounts, etc.
Section 58: Right to transfer beneficial interest
Section 59: Right to sue for execution of trust
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Section 60: Right to proper trustees
Following persons are not proper trustee as per Section 60 of the Trust Act, 1882:
(i) a person domiciled abroad;
(ii) an alien enemy;
(iii) a person having interest in consist with the beneficiary;
(iv) a person in insolvent circumstances;
(v) a married women; unless the personal law allows;
(vi) a minor
Section 61: Right to compel any act of duty
Liabilities of the Beneficiary (Sec. 62 to 69 of the Trust Act, 1882)
Section 62: Wrongfully purchase by trustee
Section 63: Following trust-property- into the hands of third persons; into that into which it has
been converted
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 of trust-property for partnership
purposes
Section 68: Liability of beneficiary joining in breach of trust
Section 69: Rights and liabilities of beneficiary’s transferee
Appointment and Removal of the Trustee (Sec. 70 to 74 of the Trust Act, 1882)
Section 70: Office how vacated
Section 71: Discharge of trustee
Section 72: Petition to be discharged from Court
Section 73: Appointment a new trustee on death, etc.
Section 74: Appoint by Court
Extinction of Trusts (Sec. 77 to 79 of the Trust Act, 1877)
Section 77: Trust how extinguished
Section 78: Revocation of trust
Section 79: Revocation not to defeat what trustees have duly done
ARNAB/PCIU/LLB00205037 | Department of Law
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