Indian Trusts Act,1882

Act No : 2

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Section : Appointment by Court

74. Appointment by Court.-Whenever any such vacancy ordisqualification occurs and it is found impracticable to appoint a newtrustee under section 73, the beneficiary may, without instituting asuit, apply by petition to a principal Civil Court of originaljurisdiction for the appointment of a trustee or a new trustee, andthe Court may appoint a trustee or a new trustee accordingly.Rule for selecting new trustees. Rule for selecting new trustees.-In appointing new trustees,the Court shall have regard (a) to the wishes of the author of thetrust as expressed in or to be inferred from the instrument of trust;(b) to the wishes of the person, if any, empowered to appoint newtrustees; (c) to the question whether the appointment will promoteor impede the execution of the trust ; and (d) where there are morebeneficiaries than one, to the interests of all such beneficiaries.

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