Indian Trusts Act, 1882

Right to proper trustees.

60. The beneficiary has 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 A's lifetime; then A dies; C is entitled to have the property conveyed to a trustee for him.
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