The document outlines the rights and powers of trustees and beneficiaries as per the Trust Act, 1882, detailing specific sections that govern their responsibilities, rights, and the appointment or removal of trustees. It covers rights such as the trustee's right to seek court opinions and the beneficiary's right to dividends and profits, as well as sections on the liabilities of beneficiaries. Additionally, it includes provisions about the extinction of trusts and the conditions under which trusts may be revoked.

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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