Section 13 of The Indian Trust Act, 1882 in hindi
A trustee is bound to maintain and defend all such suits, and (subject to the provisions of the instrument of trust) to take such other steps as, regard being had to the nature and amount or value of the trust-property, may be reasonably requisite for the preservation of the trust-property and the assertion or protection of the title thereto. Illustrations The trust-property is immoveable property which has been given to the author of the trust by an unregistered instrument. Subject to the provisions of the Indian Registration Act, 18771 (3 of 1877), the trustees duty is to cause the instrument to be registered.
Summary
- A trustee must protect and preserve the trust property from harm.
- The trustee is required to bring and defend lawsuits that are necessary to protect the property and its legal ownership title.
- This duty is subject to any specific rules or directions written in the trust deed or instrument.
- The trustee must take steps that are reasonable and appropriate, depending on the actual type and overall value of the trust property.
Practical examples
FAQ
1. What is a trustee's duty to defend the trust property under Section 13 of the Indian Trusts Act?
Under Section 13 of the 1882 private trusts legislation, a trustee is bound to maintain and defend all lawsuits and take necessary steps to preserve the trust property and assert or protect its legal title.
2. Can a trust deed modify the trustee's duty to protect trust property under the Indian Trusts Act, 1882?
Yes, Section 13 of the Trusts Act states that the trustee's duty to take steps for the preservation and protection of the property title is subject to the provisions of the instrument of trust, which is the trust deed.
3. Does a trustee have to register an unregistered title deed under Section 13 of the general trust law of India?
Yes, Section 13 of the general trust law of India, combined with its official illustration, establishes that a trustee's duty includes causing an unregistered title instrument to be registered to protect the property.
4. How does a trustee determine how much effort to spend protecting trust property under Section 13 of the Indian Trusts Act?
Under Section 13 of the Indian Trusts Act, 1882, the trustee must take steps that are reasonably required, having regard to the specific nature and the amount or value of the trust property.
Test yourself
Q1.Under Section 13 of the Indian Trusts Act, 1882, what is a trustee bound to do regarding lawsuits affecting the trust property?
Q2.According to the illustration in Section 13 of the Indian Trusts Act, 1882, what should a trustee do if the trust property is real estate given by an unregistered document?
Q3.Under Section 13 of the Indian Trusts Act, 1882, how is the reasonability of a trustee's protective actions measured?
Q4.Under Section 13 of the Indian Trusts Act, 1882, the trustee's duty to preserve the property and protect its title is subject to which of the following?