Civil Procedure Code (CPC)

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Naman (Student)     28 July 2021

Removal of a trustee when deed is silent on the procedure

Can i remove a trustee of a private trust without approaching the court when the deed is silent regarding the same?


 4 Replies

himanshu garg   28 July 2021

Yes, if the remaining trustee agrees.

Naman (Student)     28 July 2021

The remaining trustees are agreeable. Since the deed is silent on the power of removal, wouldn't the ACT prevail?

BHAVYA SOM GARG   28 July 2021

As per Section 71 of the Indian Trust Act, 1882, a trustee can be discharged from his role upon extinction of trust, completion of trustee’s duties, appointment of a new trustee or on the basis of mutual agreement between the trustee and the beneficiaries, along with some other means. So as per the situation laid out by you where the trust deed is silent and you do not want to go to the court to remove the trustee, you can appoint a new trustee, if the trust deed empowers you to do the same. Otherwise, if possible, develop a mutually agreed solution wherein you both agree that the trustee be relieved. As a last resort, you can remove the trustee by an official communication to him, and cite Section 60 of the Act, which gives a right to the beneficiaries to have a proper trustee which can effectively secure and maintain the trust, if the trustee commits any breach of trust. However, this power is also subject to the guidelines in the deed. But as things stand, it is advisable to seek the court’s intervention in the matters of removal.

Hope this helps you.

Raj Kumar Makkad   30 July 2021

You have not mentioned your status in the Trust. Trustee can definitely be removed from Trust under the provisions of Section 71 of Indian Trust Act even if Trust Deed is silent over the procedure of such removsl. Every Trust has to follow the provisions of Indian Trust Ac.


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