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ARTICLE · 19 DECEMBER 2019

Trusts

Trusts in India are governed under the provisions of the Indian Trusts Act, 1882 (the "1882 Act").

IndiaCorporate/Commercial Law

Trusts in India are governed under the provisions of the Indian Trusts Act, 1882 (the "1882 Act"). In terms of the 1882 Act, a 'Trust' is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him for the benefit of another, of another and the owner.

The person who reposes or declares the confidence to create the trust is known as the "author of the trust" / "settlor". The person who accepts the confidence is called the "trustee". The person for whose benefit the confidence is accepted by the trustee is called the "beneficiary". The subject matter of the trust is called "trust property". The "beneficial interest" or "interest" of the beneficiary is the right against the trustee as owner of the trust property. The instrument by which the trust is declared is called the "instrument of trust" / "trust deed" / "indenture of trust".

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