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Report No. 66

III. Indian Trusts Act, 1882

15.4. Provisions in the Trust Act-Recommendation to amend.-

Provisions concerning restraint on alienation occur also in the Trusts Act. In an earlier Chapter,1 we have recommended amendment of sections 56 and 58 of the Indian Trusts Act, 1882. We recommend that in section 56 of the Trusts Act, the last paragraph should be deleted, and in section 58 of that Act, the proviso should be deleted. The revised sections will then read as under:

1. See para. 5.12, supra.

Revised sections 56 and 58, Indian Trusts Act, 1882

"56. Right to specific execution-Right to transfer of possession.-The beneficiary is entitled to have the intention of the author of the trust specifically executed to the extent of the beneficiary's interest; 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.

(Last paragraph of section 56 to be deleted)

(Illustrations as at present).

"58. Right to transfer of beneficial interest.-The beneficiary, if competent to contract, may transfer his interest, but subject to the law for the time being in force as to the circumstances and extent in and to which he may dispose of such interest.

(Proviso to be deleted).

Married Womens Property Act, 1874 Back

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