Commentary on The Indian Trusts Act (Including Model Trust Deeds and Forms)

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Description
It gives us immense pleasure to complete the revision and updation of the 10th Edition of S Krishnamurthi Aiyar's commentary on The Indian Trusts Act. In the Chapter Introduction', noticeable additions pertaining to State Laws on the Trusts applicable to the different States in India. Although Indian Trusts Act, 1882 is meant for and applies to Private Trusts only but its provisions have been interpreted by Higher Courts to have
general application to the different State Acts pertaining to Public, Charitable and Religious Trusts and by virtue of these interpretations, the principles of the Indian Trusts Act, 1882 are impliedly extended to the said State Acts pertaining to Public, Charitable and Religious Trusts. The Chapter 'Introduction' now consists of three parts. The First part contains important aspects pertaining to Trusts and also Trusts under laws of United Kingdom. The Second contains the case-law based commentary on Acts relating to Public Trusts as applicable to different States in India. The Third part of this introductory Chapter contains applicability and implication of Limitation Act in suits against trustees and other persons under Trust Act. part In this edition, the readers would find notable additions in Chapter 9 pertaining to certain obligations in the nature of Trusts. This Chapter is the most important in the Act and corresponds with the Chapter on quasi contracts in the Indian Contract Act. It deals with what are commonly termed constructive and resulting trusts. Sections 83 to 85 are examples of resulting trusts, while Sections 86 to 93 deal with constructive trusts. The Chapter merely states the principles that should govern Courts in ascertaining the rights and obligations of parties in certain cases but does not relieve a party from any obligation to take the necessary steps needed by the substantive or adjective law for creation of valid trust. The Fiduciary obligations like that of Trustee are attached to the working of directors of a company, partners of a partnership firm, agent, legal advisor etc. and any advantage gained by them in monetary term must be held for the benefit of such person who is entitled to such gains. The readers would find different facets of fiduciary obligation explained in different new headings at different sections in Chapter 9 of the book.
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Contents
The Indian Trusts Act, 1882
Introduction
Chapter 1    Preliminary
Chapter 2    Of  the Creation of Trusts
Chapter 3    Of the Duties and Liabilities of Trustees
Chapter 4    Of the Rights and Powers of Trustees
Chapter 5    Of the Disabilities of Trustees
Chapter 6    Of the Rights and Liabilities of the Beneficiary
Chapter 7.   Of Vacating the Office of Trustee
Chapter 8.   Of the Extinction of Trusts
Chapter 9.   Of Certain Obligations in the Nature of Trusts
 Interpretation of Law on "Trusts"
Provisions for Interpretation of Trust
Model Trust Deeds and Forms
Law Commission of India
Appendices
Table of Cases
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Author Details
S.Krishnamurthi Aiyar
Revised by
SK Sarvaria
BA (Hons) Economics, LLM Former District and Sessions Judge,
New Delhi Former President, District Consumer Commission, New Delhi
Apoorv Sarvaria
LLM, PGDSBL
Advocate and Insolvency Professional