section 54
Right to specific execution
The Jammu and Kashmir Trusts Act, 1977Chapter 2 Chapter 2
Right to specific execution.-The beneficiary has a right to have the intention of the author of the trust specifically executed to the extent of the beneficiary's interest; and, where there is only one beneficiary and he is competent to contract, or where there are several beneficiaries and they are all competent to contract and all join in the application, he or they may require the trustee to transfer the trust-property to him or them, or to such person as he or they may direct. When property has been transferred or bequeath for the benefit of a married woman, so that she shall not have power to deprive herself of her beneficial interest, nothing in the second clause of this section applies to such property during her marriage. Illustrations.
- (a) Certain Government securities are given to trustees in trust for A, B and C, to accumulate the interest until A attains the age of 18, and then to pay the gross amount to them. A on attaining the age of 18, though he is not exclusively interested in the trust property, requires the trustee to pay his share immediately to him.
- (b) A bequeaths Rs. 10,000 to trustees upon trust for B, who has attained his majority and is otherwise competent to contract. B may claim the Rs. 10,000.
- (c) A transfers certain property to B and directs him to sell or dispose of it and pay the proceeds to C, who is competent to contract.
Study data processing for this section.
Some statutory text is still being prepared for this language version.
PDF: pending for this language.