Indian Trust Act, 1882

History of Trust:
The modern trust is developed from the ancient one the term is
derived from the Latin word OPUS which means “on his behalf”. This
was coined because of in the ancient period on person held large
land holdings on behalf of other .This type of use became popular
and came to be known as trust. Thus we may say that a Trust is
Fiduciary relationship between as regards the person on whom it the
property or power is entrusted for the benefit of another. It may be
said to be a relationship with the where one of them is duty bound
to exercise his rights and powers in good faith for the benefit of
another.
The Indian trust act 1882 covers private trust created in favour of a
single person or a class of persons This act is not applicable to private
of public religious or charitable endowment, Waqf under
Mohammedan law the relation of member’s Hindu undivided family
as per their customs
Definition of Trust :
It is an obligation annexed to the Property ownership of property
arising out of the confidence reposed in an owner accepted by the
owner or declared and accepted by him, for the benefit of another,
or another and the owner. The three things pointed out in the
definition
1. the person who makes the trust
2. the person who accepts and
3. the person whose benefit the trust has been made
1. Settlor/Maker of Trust: the person who makes the trust is called
the creator of the trust or the author of the trust. He is person who
declares the trust. The author of the trust earmarks some property
for the trust. This property is called trust property or in other words
the subject Matter of trust. The property maybe immovable property
or money.
2. Trustee: The person in whom the maker of the trust as repose
confidence is called as Trustee of the trust. The settlor of the trust
can name any person as the trustee in the trust deed. However the
Trustee has to accept the trust. The trustee in the nominal owner of
the property
3. Beneficiary: the person for whose benefit the trust is made is
called as the beneficiary of the trust. The beneficiary is also called as
the “cestui que trust”. He is beneficial owner of the property
The document by which the trust is made is called as the instrument
of trust.
Some definition of the trust:
Prof Keeton: A Trust is a Relationship which A person is called the
trustee is compelled in equity to hold property whether real or
personal and whether by legal or equitable title for the benefit of
some persons of whom he may be one and who are termed
beneficiary or for some object permitted by law in such a way the
real the real benefit of a property not to the Trustee but to the
beneficiaries and other objects of the trust
Definition by Story: Trust is an equitable right, title or interest in
property real or personal distance from the legal ownership thereof ‘
Trust is different from other Type of relationship like agency
mortgage contract bailment etc.
Trust and Agency:
In Trust, there is some property called as the Trust Property and the
Trustee is the owner of the property. The Trustee is personally liable
for the contract entered on behalf of the Trust the Trustee is not
under the control of the creator of the trust, it does not terminate on
the death of the maker of the trust.
In contract of agency there is an implied or express contract to act
for the other; the agent is not the owner of the property, the
personal liability if the agent does not arise. Under the control of the
principal and the contract shall cease to exist on the death of the
either parties or at the will of the parties.
Trust and Mortgage
In a mortgage the mortgagee is not owner of the property. The
mortgagee has a legal interest in the property, whereas, the Trustee
has beneficial interest in the property. The Trustee is the owner of
the property. The Trustee has beneficial interest in.
Trust and Contract:
a contract is an agreement made by the free consent of parties
competent to contract lawful consideration and with lawful
object.The obligation under contract is legal .It creates a right in
personam. It can be enforced by the parties to the contract. There
consideration in contract is complete by the act of both the parties
Agreement do it.
Interest obligations of trustee are equitable, voluntary trust does not
require consideration and is is possible. A trust letter unilateral act,
creates a right in rem. there exist a fiduciary relationship between
Trustee and beneficiary.
Trust and Bailment
Bailment is the delivery of I thing by a party called the bailor to a
person called the bailee. .after the thing has been used for the
purpose, and then it is returned to the bailor. The bailee has a legal
right over the goods as he has a special ownership in property .He
cannot deal with the property as it will have a defective tittle .The
duties of a bailee can be enforced by bailor.
Where as in trust the obligation attached to the property and arises
out of a confidence reposed in the Trustee. The trustee is the owner
of the property and can therefore pass on a better title to the other.
The right of a trustee is equitable. The duties under a trust can be
enforced by any person who is the beneficiary under the trust.
Trust and Ownership: The right of ownership to a property gives the
owner the exclusive right to deal with the property in any way he
wishes. However this right of enjoyment is restricted so as not to
cause Any harm two other. In trust on the other hand,the trustee is
bound to use is rights in a certain way for the benefit of another or
for the accomplishment of a certain purpose .
KINDS OF TRUST:
I. Based on the purpose of trust, it is classified into private trust,
public or charitable trust
a) Private trust: The beneficiary under this trust is either one person
or a class of definite persons`
b) Public Trust: The beneficiary is the whole society at large or the
members of an uncertain and changing body. E.g. trust for the
advancement of education irrespective of caste or creed.
II. Classification according to mode of creation of trust:
a) Express Trust: An express trust is created by the settlor of the
trust by words or will or by a Deed of trust. a) Executed Trust: A trust
is executed when no further instrument is necessary and the trust Is
finally declared. This trust cannot be revoked
b) Executory Trust: Here there is a requirement of a further
instrument or additional instrument to carry into effect the general
instruction of the first instrument of trust .This Trust can be revoked.
c) Constructive trust: arise in case of persons under producing
relationship that is Trustee and beneficiary Guardian and ward. it
arises when the person becomes possessed of property through such
can abuse of confidence reposed in himself as will induce the court
to hold that in conscience he is bound to hold it for the benefit of the
person injured by the breach of trust . E.g : Vendor’s Lien for unpaid
purchase money .
d) Implied Trust: Implied or presumed trust arises out of a presumed
intention of the parties gathered from the intention. The
circumstances are such that one can presume that the person
intended to make a trust.
III. Classification based on the nature of the duties of the trustee;
a) A simple trust: if the trustee has no active duties to perform under
the trust and the trucking simply holds it for the beneficiary. Such a
trust is called as a simple trust.
b) A special Trust: in which trust the Trustee has to exercise his free
will or discretion in carrying out the trust.
IV. Classification based consideration for creation of the trust:
a) Trust for value: A Trust for consideration or value is created when
consideration moves from the beneficiary .the relation between the
settlor of the trust and beneficiary is contractual for example a trust t
created in favour of A if he marries Z.
b) Voluntary trust: voluntary trust is created when no consideration
proceeds from the beneficiary.
V. Completely and Incompletely constituted trust: the trust which do not fall
under the above 4 categories are classed as in this section .
a) Illusory trust: This is not a real trust as the form of the instrument only
shows that some persons are apparently beneficiaries but the object of the
settlor as we gather from the instrument shows an intention to create a trust.
b) Trust of Imperfect Obligation: Trust incapable of being enforced by the
trustee and yet the court will give liberty to the trustees to carry out the trust if
they want to do so.
c) Trust in favour of creditors: trust created by a letter for payment of
creditors however becomes irrevocable; if it create the relationship of trustee
and beneficiary .it is not necessary that the settlor of the trust or debtor should
communicate the creation of the trust to the creditors.
d) Discretionary trust : It is a trust which does not afford to a beneficiary the
right to any part of the income of the trust property but gives the trustees a
discretionary power to pay him such part of the income as they think fit. The
beneficiary only has a hope that the discretion shall be exercise in his favour.
Conclusion
At last we can conclude by stating that trust is a concept which
revolves around three parties i.e. the author, the trustee and
the beneficiary/beneficiaries having respective rights and legal
obligations assigned to them by trust deed in relation to the
trust property.
The purpose for formation of a trust should be provided in case anyone
is creating a Trust. Where an infringement of trust has occurred and an
individual other than a Trustee has asserted the benefit from the
transgression, he will be obliged to compensate the administrator. Such
reimbursement is not available to a trustee who has been convicted of
deception in violation of trust.

A Trustee has the grant to do all such actions that are rational and
outlandish for the consummation, assurance or interest of the trust
assets and also for the reassurance of a pensioner who is not liable to
contract.