Sections 59-61 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
These three sections give the beneficiary ways to make a trust work when it is going wrong. Section 59 lets him sue for execution of the trust when no trustee is in place or execution has become impracticable. Section 60 gives him a right to proper trustees, in a proper number, and lists who is not a proper person. Section 61 lets him have a trustee compelled to do a particular act of duty and restrained from a contemplated or probable breach. The Act deals with private trusts; public, charitable and religious trusts are governed by other laws (see private vs public trust). If you are a beneficiary thinking of going to court, our legal dispute resolution team can assess the position.
Section 59: where no trustees are appointed, or all die, disclaim or are discharged, or execution by the trustee is or becomes impracticable, the beneficiary may sue for execution of the trust, which the Court carries out so far as possible until a trustee is appointed. Section 60: the beneficiary has a right, subject to the instrument of trust, that the trust property is properly protected, held and administered by proper persons and a proper number of them. Section 61: the beneficiary may have the trustee compelled to perform any particular act of duty and restrained from a contemplated or probable breach of trust.
Section 59: suit for execution of the trust
Section 59 reads: "Where no trustees are appointed or all the trustees die, disclaim, or are discharged, or where for any other reason the execution of a trust by the trustee is or becomes impracticable, the beneficiary may institute a suit for the execution of the trust, and the trust shall, so far as may be possible, be executed by the Court until the appointment of a trustee or new trustee."
A trust does not fail for want of a trustee; the Act lets the beneficiary go to court so that the trust is carried out in the meantime. The trigger has two parts: a gap in the office of trustee (none appointed, or all dead, disclaimed or discharged) or a general "impracticable" ground. The word "suit" matters: the section speaks of a suit, and the text does not say that a petition would do instead. Compare section 74, where the beneficiary may "without instituting a suit" apply by petition for the appointment of a trustee; see sections 74-75.
Section 60: right to proper trustees
Section 60 reads: "The beneficiary has a right (subject to the provisions of the instrument of trust) that the trust-property shall be properly protected and held and administered by proper persons and by a proper number of such persons."
Explanation I lists those who are not proper persons: "A person domiciled abroad; an alien enemy; a person having an interest inconsistent with that of the beneficiary; a person in insolvent circumstances; and, unless the personal law of the beneficiary allows otherwise, a married woman and a minor."
Explanation II: "When the administration of the trust involves the receipt and custody of money, the number of trustees should be two at least."
| Item | Point to note |
|---|---|
| Domiciled abroad | The Act lists it as a ground against a proper person |
| Alien enemy | Likewise |
| Interest inconsistent with the beneficiary's | A conflict of interest disqualifies |
| Insolvent circumstances | Likewise |
| Married woman, minor | Not proper persons "unless the personal law of the beneficiary allows otherwise" |
| Money received and held | At least two trustees |
The right is subject to the instrument of trust, so a deed may name a sole trustee even where money is involved, or a person the list would otherwise exclude. The text is silent on how far a deed may go. Who may be a trustee at all is dealt with in sections 9-10; section 60 is a separate test, tied to the beneficiary's right.
Section 61: compelling a trustee to act, restraining a breach
Section 61 reads: "The beneficiary has a right that his trustee shall be compelled to perform any particular act of his duty as such, and restrained from committing any contemplated or probable breach of trust."
It looks at two things: forcing a specific duty to be done, and stopping a breach that is only contemplated or probable, before it happens. The section does not name the order the Court will make, and the Act's own illustration refers to an injunction.
The Act's own illustrations
Under section 60 (five illustrations, as printed):
- (a) A, one of several beneficiaries, proves that trustee B has improperly disposed of part of the trust property, or that the property is in danger from B being in insolvent circumstances, or that he is incapacitated from acting. A may obtain a receiver of the trust property.
- (b) A bequeaths jewels to B in trust for C. B dies during A's lifetime, then A dies. C is entitled to have the property conveyed to a trustee for him.
- (c) A conveys property to four trustees in trust for B. Three of them die. B may sue to have three new trustees appointed in their place.
- (d) A conveys property to three trustees in trust for B. All of them disclaim. B may sue to have three trustees appointed in their place.
- (e) A, a trustee for B, refuses to act, or goes to reside permanently out of India, or is declared an insolvent, or compounds with his creditors, or suffers a co-trustee to commit a breach of trust. B may sue to have A removed and a new trustee appointed. The scanned copy shows an OCR-damaged bracket where "India" appears; the sense is clear but check the official wording.
Under section 61 (two illustrations):
- (a) A contracts with B to pay him Rs 100 monthly for the benefit of C. B signs a letter declaring that he will hold the money in trust for C. A fails to pay. C may compel B, on a proper indemnity, to allow C to sue on the contract in B's name.
- (b) A is trustee of land with a power to sell and pay the proceeds to B and C equally. A is about to make an improvident sale. B may sue on behalf of himself and C for an injunction to restrain A.
A modern example of our own
Nisha Verma settles a trust of a commercial building in Indore for her two sons, Dev and Arjun. The sole trustee, her cousin Rakesh, is declared insolvent, and he has also been quietly mortgaging the building.
- Dev, as beneficiary, can rely on section 60: Rakesh, in insolvent circumstances, is not a proper person under Explanation I, and the Act's illustration (a) of section 60 lets a beneficiary seek a receiver when the property is in danger.
- If Rakesh is about to sell the building at a knock-down price, section 61 and its illustration (b) show that a beneficiary may sue for an injunction to restrain an improvident sale.
- If Rakesh resigns and no one is left, section 59 lets the sons sue for execution of the trust until a new trustee is appointed.
What the instrument of trust can change
Section 60 is expressly "subject to the provisions of the instrument of trust". Sections 59 and 61 as printed do not carry those words, and the text does not say whether a deed can limit them. A settlor can still help by naming a successor trustee and a power of appointment in the deed; see appointment of new trustee.
Practical points
- Beneficiaries: keep evidence of what has gone wrong (accounts, sale papers, notices) before approaching a court.
- Settlors: name more than one trustee when money is involved, to match Explanation II, and name a successor.
- Trustees: tell the beneficiaries and take advice early if you become unable to act, for example by moving abroad or by insolvency.
Need help with a failing trust?
If no trustee is acting, a trustee is not a proper person, or a breach of trust looks imminent, the facts and the deed decide what can be done. Our legal dispute resolution team can read the deed and the papers and advise on a suit or an injunction.
Key takeaways
- Section 59: where there is no trustee or execution is impracticable, the beneficiary may sue and the Court executes the trust until a trustee is appointed.
- Section 60: a right to proper trustees in proper number, subject to the deed; Explanation I lists who is not proper; Explanation II needs at least two trustees where money is received and held.
- Section 61: the beneficiary may have the trustee compelled to do a particular act of duty and restrained from a contemplated or probable breach.
- The Act's illustrations: a receiver, new trustees by suit, removal of a trustee, an injunction against an improvident sale.
- The Act deals with private trusts only.
Read next
- Section 62: wrongful purchase by trustee
- Sections 57-58: inspection of trust documents and transfer of beneficial interest
- Trustee removal: grounds and process under the Trusts Act
- Rights of beneficiary under trust
Disclaimer: Based on the text of the Indian Trusts Act, 1882 as consulted on 1 October 2026 from a scanned copy; the Act applies to private trusts, and public, charitable and religious trusts are governed by other laws. This article is general information, not legal advice; check the official text and take advice before acting.