Section 60 of The Indian Trust Act, 1882 in hindi
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.
Summary
- The beneficiary has a right, subject to the trust deed, to have the trust property properly protected, held, and managed by proper persons.
- The beneficiary also has a right to have the trust managed by a proper number of trustees.
- Certain individuals are specifically listed as not being proper persons to act as trustees, including minors and people living abroad.
- Other improper persons include alien enemies, people with interests that conflict with the beneficiary, and insolvent individuals, meaning those who are bankrupt.
- Married women are also considered improper persons unless the personal law of the beneficiary allows them to act.
- If the administration of the trust involves receiving and holding money, there must be at least two trustees.
Practical examples
FAQ
1. Who is considered an improper person to be a trustee under Section 60 of the Indian Trusts Act, 1882?
Under Section 60 of the Indian Trusts Act, 1882, improper persons include individuals living abroad, alien enemies, people with conflicting interests, insolvents, minors, and married women unless permitted by the beneficiary's personal law.
2. What is the minimum number of trustees required if a trust handles cash under Section 60 of the Indian Trusts Act, 1882?
Under Section 60 of the Indian Trusts Act, 1882, if the administration of the trust involves the receipt and custody of money, there must be at least two trustees.
3. Can a beneficiary get a receiver appointed if the trustee goes bankrupt under Section 60 of the Indian Trusts Act, 1882?
Yes, under Section 60 of the Indian Trusts Act, 1882, if a trustee is in insolvent circumstances, the beneficiary can obtain a receiver to protect the trust property.
Test yourself
Q1.Under Section 60 of the Indian Trusts Act, 1882, which of the following is NOT explicitly listed as an improper person to be a trustee?
Q2.Under Section 60 of the Indian Trusts Act, 1882, what is the rule regarding married women and minors serving as trustees?
Q3.Under Section 60 of the Indian Trusts Act, 1882, when must a trust have a minimum of two trustees?
Q4.Under Section 60 of the Indian Trusts Act, 1882, if a sole trustee goes permanently abroad to reside, what right does the beneficiary have?
Q5.Under Section 60 and Section 59 of the Indian Trusts Act, 1882, if all three trustees of a trust disclaim their roles, what can the beneficiary do?