Provision
Section 10 provides that no limitation period applies to suits against a person in whom property has become vested in trust for a specific purpose, or against the legal representatives of such a person.
Key Points
- Trust Property
- The section applies to property vested in a trustee for a specific purpose.
- It includes both express trusts (explicitly created by a deed or will) and implied trusts (arising by implication of law).
- No Limitation
- There is no limitation period for filing suits against trustees or their legal representatives concerning trust property.
- This provision ensures that trust property is protected and can be reclaimed at any time, regardless of the passage of time.
- Legal Representatives
- The provision extends to suits against the legal representatives of a trustee.
- It ensures that the obligations of a trustee regarding the trust property continue even after the trustee’s death.
- Purpose
- This section aims to safeguard trust property and uphold the fiduciary responsibilities of trustees.
- It prevents trustees from wrongfully benefiting from the property by relying on the expiration of the limitation period.
- Illustration
- If a property is vested in B as a trustee for the benefit of C, C can file a suit to reclaim the property from B or B’s legal representatives at any time, without being barred by the limitation period.
Conclusion
Section 10 of the Limitation Act, 1963, protects trust property and ensures that trustees and their legal representativescannot misuse the limitation period to escape their fiduciary obligations. This provision emphasizes the need to uphold trust and accountability in matters of property vested in trust.
