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Report No. 17

67. Section 61.-

No change. The American Restatement, section 199,1 summarises the remedies of the beneficiary. The beneficiary under a trust can maintain a suit:

(a) to compel the trustee to perform his duties as trustee;

(b) to enjoin the trustee from committing a breach of trust;

(c) to compel the trustee to redress a breach of trust;

(d) to appoint a receiver to take possession of the trust property and administer the trust;

(e) to remove the trustee.

It will be noticed that all these remedies are available under the law as now obtains in India. A trustee may be compelled to perform his duties as trustee by mandatory injunction and by restraining him from committing a breach by a permanent injunction as provided for by the Specific Relief Act.

As regards remedy (c), in a suit instituted for the purpose, the beneficiary may get redress for the breach, that is, for the loss which the trust property has sustained on account of the breach. An administrative action to administer the trust is also permissible under the Code and in that action, under Order 40 of the Code of Civil Procedure a receiver may be appointed to carry on the administration, pending the suit. A trustee can also be removed by suit. It is, therefore, unnecessary to include a provision analogous to section 199 of the American Restatement on Trusts. The existing law is adequate to protect the rights of the beneficiary.

1. Vol. I, pp. 526-527.

Trusts Act, 1882 Back

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