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Report No. 17

Section 30A.- After section 30 of the principal Act, the following section shall be inserted, namely:-

"30A. Liability of a trustee de son tort. - When a person intermeddles with the trust-property or does any other act which belongs to the office of the trustee, he is answerable to the rightful trustee or to the beneficiary, to the extent of the trust-property which may have come to his hands, after deducting payments made to the rightful trustee and payments made in due course of administration of the trust.

[Cf. section 303 and section 304, Indian Succession Act, 1925]

(2) A person who intermeddles with the trust-property for the purpose of preserving it or providing for the immediate necessities of the property, or dealing in the ordinary course of business with trust-property received from another, shall not be answerable under this section".1

[Cf. section 303, Indian Succession Act, 1925]

1. See the discussion in the body of the Report under section 3 "Trustee de son tort".

Trusts Act, 1882 Back

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