X, a trustee for Y, in execution of trust, sells trust property but for want of due diligence on his part, fails to receive part of the purchase money. Decide whether X is liable to make good the loss under the Indian Tr

CS Executive · Economic and Commercial Laws · PYQS · December 2021
X, a trustee for Y, in execution of trust, sells trust property but for want of due diligence on his part, fails to receive part of the purchase money. Decide whether X is liable to make good the loss under the Indian Trusts Act, 1882?

Answer & Explanation:

Section 15 of the Indian Trusts Act, 1882 deals with care required from trustee. A trustee is bound to deal with the trust-property as carefully as a man of ordinary prudence would deal with such property if it were his own; and, in the absence of a contract to the contrary, a trustee so dealing is not responsible for the loss, destruction or deterioration of the trust-property. Illustration to the section: A, a trustee for B, in execution of his trust, sells the trust-property, but from want of due diligence on his part fails to receive part of the purchase-money. A is bound to make good the loss thereby caused to B, In this problem X who is a trustee sells trust property but fails to receive part of the purchase money. He has not availed due diligence in the performance his duty is a man of ordinary prudence would deal with such property as if it were his own. Therefore, X is liable to make good the loss caused to the trust as per the provisions of Indian Trusts Act, 1882.

Topics: Indian Trusts Act, 1882

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