Act Number: 2

Act Name: The Indian Trust Act, 1882

Year: 1882

Enactment Date: 1882-01-13

Long Title: An Act to define and amend the law relating to Private Trusts and Trustees.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 74: Appointment by Court.
    Whenever any such vacancy or disqualification occurs and it is found impracticable to appoint a new trustee under section 73, the beneficiary may, without instituting a suit, apply by petition to a principal Civil Court of original jurisdiction for the appointment of a trustee or a new trustee, and the Court may appoint a trustee or a new trustee accordingly.
     Rule for selecting new trustees.-- In appointing new trustees, the Court shall have regard (a) to the wishes of the author of the trust as expressed in or to be inferred from the instrument of trust; (b) to the wishes of the person, if any, empowered to appoint new trustees; (c) to the question whether the appointment will promote or impede the execution of the trust; and (d) where there are more beneficiaries than one, to the interests of all such beneficiaries.
Scroll to Top