Indian Trusts Act, 1882
38. Power to sell under special conditions-Power to buy-in
and re-sell
The trustee making any such sale may insert such reasonable
stipulations either as to title or evidence of title, or otherwise, in any
conditions of sale or contract for sale, as he thinks fit; and may also buy-in
the property or any part thereof at any sale by auction, and rescind or vary
any contract for sale, and re-sell the property so bought in, or as to which
the contract is so rescinded, without being responsible to the beneficiary for
any loss occasioned thereby.
Time Allowed selling trust-property
Where a trustee is directed to sell trust-property or to invest
trust-money in the purchase of property, he may exercise a reasonable
discretion as to the time of effecting the sale or purchase.
Illustrations
(a) A bequeaths property to B, directing him to sell it with all
convenient speed and pay the proceeds to C. This does not render an immediate
sale imperative.
(b) A bequeaths property to B, directing him to sell it at such
time and in such manner as he shall think fit and invest the proceeds for the
benefit of C. This does not authorize B, as between him and C, to postpone the
sale to an indefinite period.