Equity Without A Doctrine: The Case For Constructive Trusts In Indian Property Law
- IJLLR Journal
- Jun 7
- 1 min read
Nithya Harish, School of Law, CHRIST (Deemed to be University)
ABSTRACT
This paper analyses the possibility of recognizing constructive trusts in Indian property law as a means to reconcile the frequent divergence between beneficial ownership and legal title. In most cases, especially those concerning fiduciary relationships, informal family agreements, and oral commercial understandings, ownership by law fails to map onto ultimate beneficial interests. Whereas other jurisdictions at common law have evolved constructive trust doctrines to manage such tensions, Indian laws cling to disjointed statutory provisions and ad hoc equitable reasoning. The paper outlines the historical development of constructive trusts in equity and the justification behind applying them in cases concerning unjust enrichment, abuse of fiduciary trust, and hidden beneficial ownership. Within the Indian context, while courts have from time to time resorted to invoking equitable principles using statutory instruments like the Indian Trusts Act, 1882 and the Evidence Act, 1872, a lack of a single remedial scheme means that people have received uneven and unpredictable decisions. Relying on thematic critique of Indian jurisprudence, this paper contends for inserting constructive trust principles by judicial interpretation or legislative amendment. It concludes with recommendations for constructive trusts' deployment within India's socio-legal environment towards enhancing fairness, consistency, and clarity in the rules of property law.
Keywords: Constructive Trust, Beneficial Ownership, Fiduciary Breach, Indian Property Law, Equity, Restitution
