80. Where obligation in nature of trust is created.—An obligation in the nature of a trust is created
in the following cases.
81. [Where it does not appear that transferor intended to dispose of beneficial interest.] Rep. by the
Benami Transactions (Prohibition) Act, 1988 (45 of 1988), s. 7 (w.e.f. 19-5-1988).
82. [Transfer to one for consideration paid by another.] Rep. by s. 7, ibid. (w.e.f. 19-5-1988).
83. Trust incapable of execution or executed without exhausting trust-property.—Where
a trust is incapable of being executed, or where the trust is completely executed without
exhausting the trust-property, the trustee, in the absence of a direction to the contrary, must hold
the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust
or his legal representative.
Illustrations
(a) A conveys certain land to B—
“upon trust,” and no trust is declared; or
“upon trust to be thereafter declared”, and no such declaration is ever made; or
upon trusts that are too vague to be executed; or
upon trusts that become incapable of taking effect; or
“in trust for C.” and C renounces his interest under the trust.
In each of these cases B holds the land for the benefit of A.
(b) A transfers Rs. 10,000 in the four per cents. to B, in trust to pay the interest annually accruing due to C for
her life. A dies. Then C dies. B holds the fund for the benefit of A’s legal representative.
(c) A conveys land to B upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes,
and the other for the maintenance of the worship of an idol. B sells the land, but the charitable purposes wholly fail,
and the maintenance of the worship does not exhaust the second moiety of the proceeds. B holds the first moiety and
the part unapplied of the second moiety for the benefit of A or his legal representative.
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(d) A bequeaths Rs. 10,000 to B, to be laid out in buying land to be conveyed for purposes which either
wholly or partially fail to take effect. B holds for the benefit of A’s legal representative the undisposed of interest in the money or
land if purchased.
84. Transfer for illegal purpose.—Where the owner of property transfers it to another for an illegal
purpose and such purpose is not carried into execution, or the transferor is not as guilty as the transferee,
or the effect of permitting the transferee to retain the property might be to defeat the provisions of any
law, the transferee must hold the property for the benefit of the transferor.
85. Bequest for illegal purpose.—Where a testator bequeaths certain property upon trust and
the purpose of the trust appears on the face of the will to be unlawful, or during the testator’s
lifetime the legatee agrees with him to apply the property for an unlawful purpose, the legatee
must hold the property for the benefit of the testator’s legal representative.
Bequest of which revocation is prevented by coercion.—Where property is bequeathed and the
revocation of the bequest is prevented by coercion, the legatee must hold the property for the benefit of
the testator’s legal representative.
86. Transfer pursuant to rescindable contract.—Where property is transferred in pursuance of a
contract which is liable to rescission or induced by fraud or mistake, the transferee must, on receiving
notice to that effect, hold the property for the benefit of the transferor, subject to repayment by the latter
of the consideration actually paid.
87. Debtor becoming creditor’s representative.—Where a debtor becomes the executor or other
legal representative of his creditor, he must hold the debt for the benefit of the persons interested therein.
88. Advantage gained by fiduciary.—Where a trustee, executor, partner, agent, director of a
company, legal advisor, or other person bound in a fiduciary character to protect the interests of another
person, by availing himself of his character, gains for himself any pecuniary advantage, or where any
person so bound enters into any dealings under circumstances in which his own interests are, or may be,
adverse to those of such other person and thereby gains for himself a pecuniary advantage, he must hold
for the benefit of such other person the advantage so gained.
Illustrations
(a) A, an executor, buys at an undervalue from B, a legatee, his claim under the will. B is ignorant of the value of the
bequest. A must hold for the benefit of B the difference between the price and value.
(b) A, a trustee, uses the trust-property for the purpose of his own business. A holds for the benefit of his beneficiary the
profits arising from such user.
(c) A, a trustee, retires from his trust in consideration of his successor paying him a sum of money. A holds such money for
the benefit of his beneficiary.
(d) A, a partner, buys land in his own name with funds belonging to the partnership. A holds such land for the benefit of the
partnership.
(e) A, a partner, employed on behalf of himself and his co-partners is negotiating the terms of a lease, clandestinely
stipulates with the lessor for payment to himself of a lakh of rupees. A holds the lakh for the benefit of the partnership.
(f) A and B are partners. A dies. B, instead of winding up the affairs of the partnership, retains all the assets in the business.
B must account to A’s legal representative for the profits arising from A’s share of the capital.
(g) A, an agent employed to obtain a lease for B, obtains the lease for himself. A holds the lease for the benefit of B.
(h) A, a guardian, buys up for himself incumbrances on his ward B’s estate at an undervalue. A holds for the benefit of B the
incumbrances so bought, and can only charge him with what he has actually paid.
89. Advantage gained by exercise of undue influence.—Where, by the exercise of undue influence,
any advantage is gained in derogation of the interests of another, the person gaining such advantage
without consideration, or with notice that such influence has been exercised, must hold the advantage for
the benefit of the person whose interests have been so prejudiced.
90. Advantage gained by qualified owner.—Where a tenant for life, co-owner, mortgagee or other
qualified owner of any property, by availing himself of his position as such, gains an advantage in
derogation of the rights of the other persons interested in the property, or where any such owner, as
representing all persons interested in such property, gains any advantage, he must hold, for the benefit of
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all persons so interested, the advantage so gained, but subject to repayment by such persons of their due
share of the expenses properly incurred, and to an indemnity by the same persons against liabilities
properly contracted, in gaining such advantage.
Illustrations
(a) A, the tenant for life of leasehold property, renews the lease in his own name and for his own benefit. A holds the
renewed lease for the benefit of all those interested in the old lease.
(b) A village belongs to a Hindu family. A, one of its members, pays nazrana to Government and thereby procures his
name to be entered as the inamdar of the village. A holds the village for the benefit of himself and the other members.
(c) A mortgages land to B, who enters into possession. B allows the Government revenue to fall into arrear with a view to
the land being put up for sale and his becoming himself the purchaser of it. The land is accordingly sold to B. Subject to the
repayment of the amount due on the mortgage and of his expenses properly incurred as mortgagee, B holds the land for the
benefit of A.
91. Property acquired with notice of existing contract.—Where a person acquires property
with notice that another person has entered into an existing contract affecting that property, of
which specific performance could be enforced, the former must hold the property for the benefit of
the latter to the extent necessary to give effect to the contract.
92. Purchase by person contracting to buy property to be held on trust.—Where a person
contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly,
he must hold the property for their benefit to the extent necessary to give effect to the contract.
93. Advantage secretly gained by one of several compounding creditors.—Where creditors
compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains
an undue advantage over his co-creditors, he must hold for the benefit of such creditors the advantage so
gained.
94. [Constructive trusts in cases not expressly provided for].—Rep. by the Benami
Transactions (Prohibition) Act, 1988 (45 of 1988), s. 7 (w.e.f. 19-5-1988).
95. Obligor’s duties, liabilities and disabilities.—The person holding property in accordance
with any of the preceding sections of this Chapter must, so far as may be, perform the same duties,
and is subject, so far as may be, to the same liabilities and disabilities, as if he were a trustee of the
property for the person for whose benefit he holds it:
Provided that (a) where he rightfully cultivates the property or employs it in trade or business, he is
entitled to reasonable remuneration for his trouble, skill and loss of time in such cultivation or
employment; and (b) where he holds the property by virtue of a contract with the person for whose
benefit he holds it, or with any one through whom such person claims, he may, without the permission of
the Court, buy or become lessee or mortgagee of the property or any part thereof.
96. Saving of rights of bona fide purchasers.—Nothing contained in this Chapter shall impair the
rights of transferees in good faith for consideration, or create an obligation in evasion of any law for the
time being in force.