Indian Trusts Act, 1882 · Chapter III: Of the Duties and Liabilities of Trustees
Section 17: Trustee to be impartial
Where there are more beneficiaries than one, the trustee is bound to be impartial, and must not execute the trust for the advantage of one at the expense of another. Where the trustee has a discretionary power, nothing in this section sha ll be deemed to authorize the Court to control the exercise reasonably and in good faith of such discretion.
Illustrations
A, a trustee for B, C and D, is empowered to choose between several specified modes of investing the trust - property. A in good faith chooses one of these modes. The Court will not interfere, although the result of the choice may be to vary the relative rights of B, C and D.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 17
No Supreme Court judgment in our database cites this section yet.