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Kavita, a trustee of a private trust, is tired of the work. She tells the beneficiary orally that she will no longer act and stops attending to trust matters, though no new trustee is appointed, no court petition is made and the deed has no exit clause. Under Section 71 of the Indian Trusts Act, 1882, what is her position?

Kavita is not discharged. Section 71 allows discharge only through the listed modes, such as extinction of the trust, completion of duties, deed provision, new appointment, consent of competent beneficiaries, or a Court. Simply announcing unwillingness and ceasing to act is not one of them.

  1. AShe is discharged because the beneficiary heard her intention
  2. BShe is discharged because trusteeship is a voluntary office
  3. CShe is not discharged, as merely declaring unwillingness and ceasing to act is not a listed modeCorrect
  4. DShe is discharged automatically after her inaction is noticed

Explanation

Section 71 says a trustee may be discharged only by the listed means. Informal withdrawal is not among them; there is no consent of all competent beneficiaries, no deed provision, no replacement and no Court order. So she remains trustee.

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