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Rights of the beneficiary and extinction of trusts

Property Law · Unit V · Topic 21 of 21 · 7 min read

The rights and liabilities of the beneficiary under sections 55 to 69 of the Indian Trusts Act, including the right to follow trust property, how a trustee's office is vacated, and how a trust is extinguished or revoked.

On this page
  1. 1. Rights of the beneficiary: sections 55 to 67
  2. 2. Liabilities of the beneficiary: sections 68 and 69
  3. 3. Vacating the office of trustee: sections 70 to 72
  4. 4. Extinction of trusts: section 77
  5. 5. Revocation: sections 78 and 79
  6. 6. Problem
  7. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

Read this with the trustee's duties. Most of the beneficiary's rights are the other side of the trustee's duties: the trustee must account, so the beneficiary may inspect; the trustee must not set up adverse title, so the beneficiary may follow the property. The one right that stands on its own, and the one examiners like, is the right to follow trust property into the hands of third persons (s.63).

1. Rights of the beneficiary: sections 55 to 67

2. Liabilities of the beneficiary: sections 68 and 69

3. Vacating the office of trustee: sections 70 to 72

New trustees are then appointed under ss.73 to 75 (see the previous note). Under s.76, on the death or discharge of one of several co-trustees, the trust survives to the others unless the instrument expressly declares otherwise.

4. Extinction of trusts: section 77

A trust is extinguished:

Where the trust fails without exhausting the property, the trustee holds the balance on a resulting trust for the author or his representative (s.83).

5. Revocation: sections 78 and 79

A trust created by will may be revoked at the pleasure of the testator. A trust otherwise created can be revoked only:

Under s.79, no revocation by the author defeats what the trustees have duly done before they receive notice of it. A completed private trust is therefore, as a rule, irrevocable: the author cannot change his mind once the beneficiaries' interests have arisen.

6. Problem

T, trustee of land for B, sells it to P for a fair price. P did not know of the trust. With the price T buys shares, which he holds in his own name. B wants the land back, or the shares.

Law. Sections 63, 64, 66 and 23.

Application. P is a transferee in good faith for consideration without notice; s.63 does not reach him, so B cannot recover the land. (Check, though, whether P is fixed with notice: a registered trust deed of immovable property operates as notice under Explanation I to the definition of notice in s.3 of the Transfer of Property Act, so a “bona fide” buyer is rarer than he looks.) The shares are the identifiable proceeds of the trust property and B can follow them.

Conclusion. B can claim the shares as trust property, and sue T personally under s.23 for any loss. If P had notice of the trust, B could recover the land from him.

How this is examined

Ten marks: “Explain the rights and liabilities of the beneficiary”, arranged by section with s.63 developed fully. Short notes: extinction of trust; revocation of trust; discharge of a trustee; right to follow trust property.

Now try the real questions: Property Law past question papers.