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The beneficiary can file suit for removal of a
trustee if the trustproperty is not held and administered by a proper trustee.
The Indiantrusts Act marks out the following individuals as not proper to under
takeduties of a trustee
a person domiciled abroad
an alien enemy
a person having an interest in consistent with
that of the beneficiary
a person in insolvent circumstances
a
married woman or a minor (unless the personal law of the beneficiary such as Hindus
allows a married woman or a minor).
Where the administration of
the trust involves the receipt and custody ofmoney, a beneficiary can file suit
to have one more trustee if only onetrustee has been appointed as per the trust
instrument.
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