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The office of a trustee is vacated by his death
or by his discharge underthe provisions of the Indian Trusts Act, which envisages
following six modesof discharge for a trustee.
by extinction of the
trust
by the completion of duties under the trust
by such means
as may be prescribed by the instrument of trust
by appointment of a new
trustee in his place
by consent of himself and all the beneficiaries
provided the beneficiaries are of the age of majority and have sound mind and
are notdisqualified under any law
by the court by filing a petition for
discharge.
A trustee can apply to a principal civil court of original
jurisdiction forseeking discharge from his office. If the court finds that there
aresufficient reason for such discharge, it may discharge him accordingly. Insuch
a case, the cost of litigation is paid out of the trust property. Butif there
is no sufficient reason, the court cannot discharge such a trusteeunless a proper
person can be found to take his place.
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this site are encouraged to seek independent counsel for advice regarding their
individual legal issues or consult one of the experts online.
