registered Deed of trust

Hi,

Whenever any person appointed a trustee disclaims or dies, or is absent for a continuous period of six months or leaves India for the purpose of residing abroad, or is declared an insolvent, or desires to be discharged from the trust, or becomes, in the opinion of a principal Civil Court of original jurisdiction, unfit or personally incapable to act in the trust, or accepts an inconsistent trust, a new trustee may be appointed in his place by--

(a) the person nominated for that purpose by the instrument of trust (if any), or

(b) if there be no such person, or no such person able and willing to act, the author of the trust if he be alive and competent to contract, or the surviving or continuing trustees or trustee for the time being, or legal representative of the last surviving and continuing trustee, or (with the consent of the Court) the retiring trustees, if they all retire simultaneously, or (with the like consent) the last retiring trustee.

Every such appointment shall be by writing under the hand of the person making it. On an appointment of a new trustee the number of trustees may be increased. This can be done by filing a deed of appointment of new trustee.

In case only one trustee is to be appointed and such trustee is to be the sole truste the official trustee may, with his consent and by the order of the Court, be appointed under this section.

I hope this answers your question.

Have a good day!