The trust-property consists of land. The trustee sells the land to a purchaser for consideration…
Illustration (h) to section 23 makes the trustee liable, at the beneficiary's option, "to purchase other land of equal value to be settled upon the like trust" or to be…
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The trust-property consists of land. The trustee sells the land to a purchaser for consideration without notice of the trust. Under section 23 of the Indian Trusts Act, 1882, what may the beneficiary require of the trustee?
Answer and explanation
Correct answer D
Illustration (h) to section 23 makes the trustee liable, at the beneficiary's option, "to purchase other land of equal value to be settled upon the like trust" or to be charged with the sale proceeds with interest. The land itself cannot be recovered, because a transferee for consideration without notice takes free of the trust. The remedy therefore lies against the trustee personally.