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CS Professional · CSR and Social Governance · Societies and Trusts

A trust has two trustees, Mr. Bose and Ms. Nair. The deed names no appointer. Mr. Bose dies, and the author of the trust has also died. Ms. Nair is willing to act. Who may appoint a new trustee under Section 73?

Ms. Nair, the surviving trustee, may appoint the new trustee by a written instrument under her hand. Since no appointer is named and the author is dead, Section 73 gives the power to the surviving or continuing trustee, so Court intervention is unnecessary.

  1. AMs. Nair, as the surviving or continuing trustee, by writing under her handCorrect
  2. BOnly the beneficiary, by petition to Court
  3. CMr. Bose's legal heirs
  4. DThe Official Trustee without Court order

Explanation

Section 73(b) lets the surviving or continuing trustee appoint when no appointer is nominated and the author is not alive. The appointment must be in writing under her hand. The beneficiary's petition under Section 74 applies only if appointment under Section 73 is impracticable. Bose's heirs have no such power.

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