Here are more multiple-choice questions on the Indian Trusts Act, 1882:
- Under the Indian Trusts Act, 1882, who is responsible for managing the trust property?
a) The settlor
b) The trustee
c) The beneficiaries
d) The court
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Answer: b) The trustee
Explanation: The trustee is responsible for managing the trust property according to the terms of the trust deed and the best interests of the beneficiaries. The trustee holds legal ownership, but the beneficial interest lies with the beneficiaries.
- Under Section 62, what is the effect of a trustee’s failure to keep separate accounts for trust property?
a) The trustee will be removed
b) The trust is considered void
c) The trustee may be liable for any resulting loss to the trust property
d) The beneficiaries can withdraw the trust funds
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Answer: c) The trustee may be liable for any resulting loss to the trust property
Explanation: If a trustee fails to keep separate accounts for trust property, they may be held liable for any loss caused to the trust. Keeping proper records is essential for transparency and accountability.
- According to the Indian Trusts Act, 1882, a trust can be created for the benefit of a living person: a) Only with the settlor’s permission
b) Only if the person is a family member
c) Only if the person consents to the trust
d) No such condition is necessary
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Answer: d) No such condition is necessary
Explanation: A trust can be created for the benefit of a living person without requiring their consent. The settlor can establish the trust in favor of a person, even if they have not consented, as long as the trust is legally valid.
- What happens when a trustee is in breach of their fiduciary duty under the Indian Trusts Act, 1882?
a) They can be sued for damages
b) The trust automatically becomes void
c) They lose their position as trustee
d) The trust property is automatically divided among the beneficiaries
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Answer: a) They can be sued for damages
Explanation: If a trustee breaches their fiduciary duty, they can be held liable for any loss or damage to the trust property. The beneficiaries may file a suit to recover damages or seek other remedies.
- Under the Indian Trusts Act, 1882, a charitable trust must be established for: a) Personal gain of the settlor
b) A public or social purpose
c) The benefit of a specific individual
d) None of the above
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Answer: b) A public or social purpose
Explanation: A charitable trust must serve a public or social purpose, such as advancing education, promoting health, or providing relief to the poor. It cannot be for private gain.
- In case of a trustee’s personal financial troubles, what must the trustee do with the trust property under the Indian Trusts Act?
a) Disclose their financial situation to the beneficiaries
b) Use the trust property to pay off their debts
c) Keep the trust property separate from their personal finances
d) Sell the trust property to resolve personal debts
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Answer: c) Keep the trust property separate from their personal finances
Explanation: A trustee must maintain a clear separation between their personal finances and the trust property. Mixing the two is a breach of fiduciary duty, and the trustee may be held liable for any resulting losses.
- Under the Indian Trusts Act, which of the following can be a valid trustee?
a) Only an individual
b) A minor
c) A legally competent individual or a corporation
d) A convicted criminal
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Answer: c) A legally competent individual or a corporation
Explanation: A valid trustee must be a legally competent individual (usually an adult) or a corporation that has the legal capacity to hold property and perform the functions of a trustee. A minor or a convicted criminal cannot be appointed as a trustee.
- Which of the following is a key principle of a trust under the Indian Trusts Act?
a) The trustee must always act in the best interests of the settlor
b) The trust property must be separate from the trustee’s personal property
c) The beneficiaries must have the right to change the trustee
d) The trust must be revocable at any time by the trustee
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Answer: b) The trust property must be separate from the trustee’s personal property
Explanation: A fundamental principle of trust law is that the trust property must be kept separate from the trustee’s personal property. This ensures that the trustee acts solely in the interests of the beneficiaries and prevents any misuse or commingling of assets.
- What is the effect if a trust deed is ambiguous or unclear on certain points?
a) The trust will be considered void
b) The court may interpret the terms of the trust according to the settlor’s intentions
c) The trust automatically terminates
d) The trustee is free to manage the property as they wish
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Answer: b) The court may interpret the terms of the trust according to the settlor’s intentions
Explanation: If a trust deed is ambiguous, the court will interpret the trust according to the settlor’s intentions. The court’s role is to clarify the terms and ensure that the trust is executed in a manner consistent with the settlor’s objectives.
- Under Section 53 of the Indian Trusts Act, 1882, when can a trustee delegate their duties?
a) Only if the trust deed allows delegation
b) A trustee cannot delegate their duties under any circumstances
c) A trustee can delegate to a co-trustee only
d) A trustee can delegate their duties after the settlor’s death
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Answer: a) Only if the trust deed allows delegation
Explanation: A trustee can delegate specific tasks if the trust deed allows it. However, the trustee cannot delegate their fiduciary duties, which require personal attention, unless explicitly authorized in the trust deed.
- Which of the following is NOT a duty of a trustee under the Indian Trusts Act?
a) To keep proper accounts of the trust property
b) To act impartially in managing the trust property
c) To maximize their own profits from managing the trust property
d) To follow the instructions provided in the trust deed
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Answer: c) To maximize their own profits from managing the trust property
Explanation: A trustee’s duty is to act impartially, keep proper accounts, and follow the instructions in the trust deed. Maximizing personal profits from managing the trust property is a breach of fiduciary duty.
- Can a trust be formed for the benefit of a group of people who are not yet born?
a) No, trusts can only benefit people who are alive
b) Yes, if they are named specifically in the deed
c) Yes, as long as the trust is for public benefit
d) No, unless they are born within a certain time limit
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Answer: d) No, unless they are born within a certain time limit
Explanation: A trust can be formed for the benefit of unborn children, but the beneficiaries must be born within a certain time frame to qualify for the benefits under the trust. This is commonly referred to as a trust for “posthumous” beneficiaries.
- In a private trust, who has the authority to terminate the trust before its stipulated end time?
a) The settlor, if alive
b) The beneficiaries, by mutual agreement
c) The trustee, at their discretion
d) The court, under certain circumstances
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Answer: d) The court, under certain circumstances
Explanation: The court has the authority to terminate a private trust before its stipulated end time if it finds that the trust’s purpose has been fulfilled or if the trust is no longer viable. The court can also terminate a trust in cases of illegal or impractical conditions.