Home › The Indian Trust Act, 1882 › Chapter VI – Of the rights and liabilities of thebeneficiar
Section 60: Right to proper trustees
The beneficiary has a right (subject to the provisions of the instrument of trust) that the trust-property shall be properly protected and held and administered by proper persons and by a proper number of such persons. Explanation I.– The following are not proper persons within the meaning of this section:– A person domiciled abroad: an alien enemy: a person having an interest inconsistent with that of the beneficiary: a person in insolvent circumstances; and, unless the personal law of the beneficiary allows otherwise, a married woman and a minor. Explanation II.–When the administration of the trust involves the receipt and custody of money, the number of trustees should be two at least. Illustrations
- (a) A, one of several beneficiaries, proves that B, the trustee, has improperly disposed of part of the trust-property, or that the property is in danger from B’s being in insolvent circumstances, or that he is incapacitated from acting as trustee. A may obtain a receiver of the trust-property.
- (b) A bequeaths certain jewels to B in trust for C. B dies during As lifetime; then A dies. C is entitled to have the property conveyed to a trustee for him.
- (c) A conveys certain property to four trustees in trust for B. Three of the trustees die. B may institute a suit to have three new trustees appointed in the place of the deceased trustees.
- (d) A conveys certain property to three trustees in trust for B. All the trustees disclaim. B may institute a suit to have three trustees appointed in place of the trustees so disclaiming.
- (e) A, a trustee for B, refuses to act, or goes to reside permanently out of 1 India, or is declared an insolvent, or compounds with his creditors, or suffers a co-trustee to commit a breach of trust. B may institute a suit to have A removed and a new trustee appointed in his room.
Source: official text of The Indian Trust Act, 1882 as published on India Code (PDF). All sections of the Indian Trust Act, 1882.