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CS Executive · Setting Up of Business, Industrial and Labour Laws · Non-Corporate Entities

In Sunrise Charitable Trust, a vacancy has arisen and it is impracticable to appoint a new trustee under section 73. Beneficiary Dev wants a trustee appointed. Which statement is correct under the Indian Trusts Act, 1882?

Dev may apply by petition to a principal Civil Court of original jurisdiction, without instituting a suit. Section 74 gives the beneficiary this remedy when appointment under section 73 is impracticable, and the Court may then appoint a trustee or new trustee.

  1. ADev must first institute a regular civil suit
  2. BDev may apply by petition to a principal Civil Court of original jurisdiction without instituting a suitCorrect
  3. CDev may apply to the Registrar of Societies
  4. DDev may appoint the trustee himself by a written instrument

Explanation

Section 74 allows the beneficiary, where appointment under section 73 is impracticable, to apply by petition to a principal Civil Court of original jurisdiction without instituting a suit. A suit is not required. The Registrar of Societies has no role under the Trusts Act, and a beneficiary has no self-appointing power.

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