Section 75 of The Indian Trust Act, 1882
Whenever any new trustee is appointed under section 73 or section 74, all the trust-property for the time being vested in the surviving or continuing trustees or trustee, or in the legal representative of any trustee, shall become vested in such new trustee, either solely or jointly with the surviving or continuing trustees or trustee, as the case may require. Powers of new trustees.-- Every new trustee so appointed, and every trustee appointed by a Court either before or after the passing of this Act, shall have the same powers, authorities and discretions, and shall in all respects act, as if he had been originally nominated a trustee by the author of the trust.
Summary
- This section details how the trust property is transferred and what powers are given to a newly appointed trustee under the Indian Trusts Act, 1882.
- When a new trustee is appointed under either Section 73 or Section 74, all trust property automatically transfers to and vests in them.
- The property is held by the new trustee either as the sole trustee or jointly with any remaining or continuing trustees.
- A newly appointed trustee receives the exact same powers, authorities, and discretions as if they had been named in the original trust deed.
- This rule applies whether the trustee was appointed through private agreement under Section 73 or by a court under Section 74.
Practical examples
FAQ
1. How does trust property get transferred to a new trustee under Section 75 of the Indian Trusts Act, 1882?
Under Section 75 of the Indian Trusts Act, 1882, when a new trustee is appointed under Section 73 or Section 74, the trust property for the time being vested in the continuing trustees or legal representatives automatically vests in the new trustee, either solely or jointly.
2. What powers does a court-appointed trustee have compared to an original trustee under Section 75 of the Indian Trusts Act, 1882?
Under Section 75 of the Indian Trusts Act, 1882, every new trustee appointed by a court or under Section 73 has the exact same powers, authorities, and discretions as if they had been originally nominated by the author of the trust.
3. Does a new trustee need a special authorization from the court to exercise discretion under Section 75 of the Indian Trusts Act, 1882?
No, under Section 75 of the Indian Trusts Act, 1882, a new trustee is fully empowered to act in all respects as if they were originally nominated, meaning they hold all original discretions without needing additional court approval.
4. Does Section 75 of the Indian Trusts Act, 1882 apply to trustees appointed before the Act was passed?
Yes, Section 75 of the Indian Trusts Act, 1882 states that its rules on powers apply to every trustee appointed by a court, whether before or after the passing of this Act.
Test yourself
Q1.Under Section 75 of the Indian Trusts Act, 1882, when a new trustee is appointed, how does the trust property vest in them?
Q2.Under Section 75 of the Indian Trusts Act, 1882, what is the extent of the powers and discretions held by a newly appointed trustee?
Q3.Under Section 75 of the Indian Trusts Act, 1882, if a new trustee is appointed by a court to join an existing trustee, who holds the trust property?
Q4.If a beneficiary successfully petitions the court for a new trustee under Section 74, what is the legal source of that new trustee's powers under Section 75 of the Indian Trusts Act, 1882?