Indian Trusts Act, 1882
12. Trustee to inform himself of state of trust-property
A trustee is bound to acquaint himself, as soon as possible,
with the nature and circumstances of the trust-property; to obtain, where
necessary, a transfer of the trust property to himself; and (subject to the
provisions of the instrument of trust) to get in trust-moneys invested on
insufficient or hazardous security.
Illustrations
(a) The trust-property is a debt outstanding on personal
security. The instrument of trust gives the trustee no discretionary power to
leave the debt so outstanding. The trustee's duty is to recover the debt
without unnecessary delay.
(b) The trust-property is money in the hands of one of two
co-trustees. No discretionary power is given by the instrument of trust. The
other co-trustee must not allow the former to retain the money for a longer
period than the circumstances of the case required.