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Report No. 17

65. Section 57.- No change.

66. Sections 58, 59 and 60.-

The proviso to section 58 should be omitted.1 As regards section 59, we think that there should be no necessity of filing a suit; the procedure can be by way of application. We also recommend that not only the beneficiary but any person interested in the trust must have a right to take proceedings under the section. Further, the words "where no trustees are appointed" cannot apply at the stage of creation of trust. They apply only to later stages. (See section 6). This requires to be clarified. Necessary changes may be made.

In section 60, Explanation I, the words "unless the personal law of the beneficiary allows otherwise" should be omitted. A minor should not be considered a proper person to administer the trust property.

The provision to the effect that a married woman is not a proper person should be omitted, as out of tune with modern social notions.

1. See paragraph 64, supra.

Trusts Act, 1882 Back

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