Question
Under the Indian Trusts Act, 1882, what is the minimum
number of trustees required to create a valid trust?Solution
The Indian Trusts Act, 1882, does not prescribe a minimum number of trustees for the creation of a trust. According to Section 10, a single trustee is sufficient to manage the trust property unless the trust deed specifies otherwise. Section 10 reads as: Who may be trustee—Every person capable of holding property may be a trustee; but, where the trust involves the exercise of discretion, he cannot execute it unless he is competent to contract. No one bound to accept trust—No one is bound to accept a trust. Acceptance of trust—A trust is accepted by any words or acts of the trustee indicating with reasonable certainty such acceptance. Disclaimer of trust—Instead of accepting a trust, the intended trustee may, within a reasonable period, disclaim it, and such disclaimer shall prevent the trust-property from vesting in him. A disclaimer by one of two or more co-trustees vests the trust-property in the other or others, and makes him or them sole trustee or trustees from the date of the creation of the trust.
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