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CS Professional · CSR and Social Governance · Societies and Trusts

The deed of the Shree Ganga Trust states that a trustee shall cease to hold office on completing sixty years of age. Trustee Mohan turns sixty. Which mode of discharge under Section 71 of the Indian Trusts Act, 1882 applies to his vacating office?

Mohan's discharge falls under the means prescribed by the instrument of trust. Section 71 permits discharge in the way the deed provides, and the age-sixty retirement clause is that provision. The trust continues, and no beneficiary consent or court order is required.

  1. AExtinction of the trust
  2. BMeans prescribed by the instrument of trustCorrect
  3. CConsent of the beneficiaries
  4. DDischarge by the Court

Explanation

Section 71(c) allows discharge by such means as the instrument of trust prescribes. An age-based retirement clause in the deed is such a means. The trust itself continues, so extinction does not apply, and no consent or court order is needed.

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