section 26
Non-liability for co-trustee's default
The Jammu and Kashmir Trusts Act, 1977Civil197784 of 85 sections available4 chapters
Chapter 2 Chapter 2
Statutory text
Non-liability for co-trustee's default.--Subject to the provisions of sections 13 and 15, one trustee is not, as such, liable for a breach of trust committed by his co-trustee : Provided that, in the absence of an express declaration to the contrary in the instrument of trust, a trustee is liable for a breach of trust committed by his co-trustee :--
- (a) where he has delivered trust-property to his co-trustee without seeing to its proper application :
- (b) where he allows his co-trustee to receive trust-property and fails to make due enquiry as to the co-trustee's dealings with it, or allows him to retain it longer than the circumstances of the case reasonably require :
- (c) where he becomes aware of a breach of trust committed or intended by his co-trustee, and either actively conceals it or does not within a reasonable time take proper steps to protect the beneficiary's interest.
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