section 37
Time allowed for selling trust-property
The Jammu and Kashmir Trusts Act, 1977Chapter 2 Chapter 2
Time allowed for selling trust-property.—Where a trustee is directed to sell within a specified time, and he fails to do so, the burden of proving, as between himself and the beneficiary, that the postponement was necessary for the interest of the beneficiary, lies upon the trustee, unless the extension has been authorised by a principal Civil Court of original jurisdiction. A bequeaths property to B, directing him to sell it within five years and apply the proceeds. B, in the exercise of reasonable discretion, postpones the sale for six years. The sale is not thereby rendered invalid, but B, if he cannot prove the postponement to be necessary, may be liable to pay to the beneficiary compensation.
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