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of <h1>Fiduciaries Must Transfer Gains to Beneficiaries Under Section 88 of Indian Trusts Act, 1882: Protecting Interests</h1> Section 88 of the Indian Trusts Act, 1882, mandates that individuals in fiduciary roles, such as trustees, executors, partners, or agents, who gain pecuniary advantages by exploiting their fiduciary position must hold those benefits for the person whose interests they are obliged to protect. This includes situations where fiduciaries engage in transactions that conflict with the interests of those they represent. Various illustrations highlight scenarios where fiduciaries must transfer gains to beneficiaries, such as undervalued purchases, misuse of trust property, clandestine agreements, and personal acquisitions using partnership or client resources.
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