OF THE RIGHTS AND POWERS OF TRUSTEESCentral

Section 31 of The Indian Trust Act, 1882

A trustee is entitled to have in his possession the instrument of trust and all the documents of title (if any) relating solely to the trust-property

Summary

A trustee has a legal right to have the original trust document in their possession.
The trustee is entitled to possess all ownership documents relating to the trust property.
This right to hold ownership documents only applies if they relate solely to the trust property.

Practical examples

1In June 2024, Ramesh becomes the trustee of a house left by his late uncle for the benefit of young Sneha. Ramesh needs to manage the house, so he asks the family lawyer for the original house deed and the trust deed. Under the law, Ramesh is entitled to keep these original documents in his personal safe to manage the property.

2Amit manages a trust that owns a specific plot of land in Mumbai. The original seller holds a master deed that covers both the trust's plot and three other neighbouring plots. Because the master deed does not relate solely to the trust property, Amit cannot demand the original master deed, but he has the right to hold the individual title papers that belong only to his trust's plot.

FAQ

1. Can a beneficiary force a trustee to hand over the original trust deed under Section 31 of the Indian Trusts Act, 1882?

No, under Section 31 of the Indian Trusts Act, 1882, the trustee is explicitly entitled to have the trust instrument and all sole title documents in their own possession.

2. Does the trustee's right to hold title documents under Section 31 of the 1882 trust law apply to shared deeds?

No, Section 31 of the 1882 trust law states that the trustee is only entitled to documents of title that relate solely to the trust property.

3. What original records is a trustee authorized to keep under Section 31 of the Indian Trusts Act?

Under Section 31 of the Indian Trusts Act, the trustee has the right to keep the written instrument of trust and any title documents that belong exclusively to the trust property.

Test yourself

Q1.Under Section 31 of the Indian Trusts Act, 1882, which of the following documents is a trustee legally entitled to keep in their possession?

Q2.Under Section 31 of the Indian Trusts Act, 1882, if a title deed relates to both the trust property and an adjacent property owned by a third party, what is the trustee's right regarding the original deed?

Q3.Under Section 31 of the Indian Trusts Act, 1882, what is the legal term used for the document that actually declares and creates the trust?

Q4.Under Section 31 of the Indian Trusts Act, 1882, who has the primary right to hold the original documents of title that belong exclusively to the trust estate?

30PreviousSection 30 Indemnity of trustees.32NextSection 32 Right to reimbursement of expenses.

←Section 30 Section 32→