Define the term 'trust' under the Indian Trusts Act, 1882. How does it differ from a contract? Explain briefly.
CS Executive · Economic and Commercial Laws · PYQS · December 2015
Define the term 'trust' under the Indian Trusts Act, 1882. How does it differ from a contract? Explain briefly.
Answer & Explanation:
The Indian Trust Act 1882 defines the term 'trust' in Section 3 as (i) an obligation annexed to the ownership of property and (ii) arising out of confidence reposed in and (iii) accepted by the owner or declared and accepted by him, (iv) for the benefit of another or of another and the owner. The word 'trust' in its legal sense has a technical and definite meaning which is very much different from the sense in which this word is used in daily parlance. Trust connotes a legal concept or relationship similarly as other relationships created by law, e.g., Contract, Agency. Trust in its origin was a form of contract distinctively enforced in equity. A contract creates a trust where it has brought into existence an obligation annexed to the ownership of property for the benefit of a person other than the owner. No technical words are required to create a trust. There is always a fiduciary relationship between trustee and beneficiary, but not between the parties to a contract.
Topics: Indian Trusts Act, 1882
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