Vol. 12 · pages 366–370

345THE LAW OF TRUST PART III THE The Administration of a Trust UST In connection with the Administration of a Trust, the Trustee has certain— (i) Duties—Sections 12—20. (ii) Liabilities—Sections 23—30 (iii) Rights—Sections 31—36. (iv) Powers—Sections 37—45. (v) Disabilities—Sections 46—54. Similarly the beneficiary has certain— (i) Rights—Sections 55—67. (ii) Liabilities—Section 68. I. Duties of a Trustee Sections 12—20 V (2) Duty to obey directions contained in the Trust. IV (3) Duty to act impartially between the beneficiaries. IV (4) Duty to sell Wasting and Reversionary property. IV (5) Duty in relation to payment of outgoing of Crops and income. IV (6) Duty to exercise reasonable care. IV (7) Duty in relation to the Investment of Trust Funds. IV (8) Duty to pay Trust moneys to the Right Persons. * Each page contains only the heading and not the details—ed. thoried.

346 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES IV (9) Duty in relation to delegation of Duties and Powers. IV (10) Duty to act jointly when there are more than one Trustees. * IV (11) Duty not to set up Jus Tertii * IV (12) Duty to act gratuitously. * IV (13) Duty not to traffic in Trust Property. * IV (14) Duty to be ready with Accounts. V. Powers of a Trustee Sections 37—45. V. The powers of a Trustee *V (1) General Powers of a Trustee. * V (2) Power of Trustees to sell or mortgage the Trust Property. * V (3) Power in relation to conduct of sales. * V (4) Power to give receipts. * V (5) Power to compound and settle disputes. * V (6) Power to allow Maintenance to Infants. * V (7) Power of Trustees to pay Cost of Beneficiary. * V (8) Suspension of the Trustee’s Powers by Administrative Action. * Each page contains only the heading and not the details—ed.

347THE LAW OF TRUST VI. Powers of the Beneficiaries * VI (1) Power of a sole beneficiary. * VI (2) Power of one of several beneficiaries. 25. Is a trustee liable for breach of trust by his predecessor ? He is not. 26. Is a trustee liable for the breach of trust committed by a Co-trustee ? He is not except in the following cases:— (i) Where he has delivered trust-property to his Co-trustee without seeing to its proper application. (ii) Where he allows his Co-trustee to receive trust property and fails to make due inquiry as to the Co-trustee’s dealings therewith or allows him to retain it longer than the circumstances of the case reasonably require. (iii) Where he becomes aware of a breach by a Co-trustee and conceals it or does not take proper steps to protect the property. 27. Breach of Trust jointly committed by Co-trustees. What is the liability for each ? Is it for the whole ? Each is liable for the whole to the beneficiary. There will be a right of contribution from the rest. 28. Liability for Payment by a Trustee to a person who is not the person in whom the beneficiary’s interest is not vested. Trustee is not liable, provided : (i) He had no notice that the interest had vested in another person. (ii) That the person to whom payment is made was a person who was entitled to payment. XIII. Protection to Trustees * (1) General Protection. *XIII (2) Statute of Limitation. * Each page contains only the heading and not the details—ed.

348 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES * XIII (4) Protection against acts of Co-Trustees. * XIII (5) Right of contribution and indemnity as between Co-trustees. ;,9 /LDELOLW\RI7KLUG3DUWLHVDQG%HQH¿FLDULHV ;,9/LDELOLW\RI7KLUG3DUWLHVDQG%HQH¿FLDULHVZKRDUHSDUWLHV to a Breach of Trust. * XIV (2) Following Trust Property into the hands of Third Parties. * The pages contain only the headings and not the details—ed.