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Trust


Reimbursement of expenses and over-payment:

A trustee may seek reimbursement of all the expenses properly incurred in or about execution of the trust and/or for the protection and benefit of trust property or the beneficiary. The reimbursement is to be sought from the trust property.

Equally if a trustee makes an over payment to the beneficiary, he can seek reimbursement from the beneficiary's interest in trust property and if such interest is insufficient, the trustee is entitled to recover the money from the beneficiary personally.

Removal of the trustee

The beneficiary can file suit for removal of a trustee if the trust property is not held and administered by a proper trustee. The Indian trusts Act marks out the following individuals as not proper to under take duties of a trustee

  1. a person domiciled abroad

  2. an alien enemy

  3. a person having an interest in consistent with that of the beneficiary

  4.  a person in insolvent circumstances

  5. a married woman or a minor (unless the personal law of the beneficiary such as Hindus allows a married woman or a minor).

Where the administration of the trust involves the receipt and custody of money, a beneficiary can file suit to have one more trustee if only one trustee has been appointed as per the trust instrument.

 



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