Section 72 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.
Section 72 gives every trustee a route out when the other ways of discharge are not available: he may apply by petition to a principal Civil Court of original jurisdiction. The Court may discharge him if there is sufficient reason, and direct his costs to be paid out of the trust property. If there is no such reason, it will not discharge him unless a proper person can be found to take his place. 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 trustee thinking of petitioning, our legal consultation team can discuss it with you.
Notwithstanding section 11, every trustee may apply by petition to a principal Civil Court of original jurisdiction to be discharged from his office. If the Court finds sufficient reason, it may discharge him and direct his costs to be paid out of the trust property. If there is no such reason, the Court shall not discharge him unless a proper person can be found to take his place. This is limb (f) of the six ways of discharge in section 71.
The text of section 72
The section reads: "Notwithstanding the provisions of Section 11, every trustee may apply by petition to a principal Civil Court of original jurisdiction to be discharged from his office; and if the Court finds that there is sufficient reason for such discharge, it may discharge him accordingly, and direct his costs to be paid out of the trust-property. But where there is no such reason, the Court shall not discharge him, unless a proper person can be found to take his place."
The scan prints the cross-reference as "Section I I", which is the OCR form of "11". Section 11 is the trustee's duty to fulfil the purpose of the trust; check the official text if you rely on the reference. See section 11.
Limb by limb
| Words | Meaning |
|---|---|
| "Notwithstanding the provisions of Section 11" | The duty to carry out the trust does not prevent a trustee from petitioning |
| "every trustee" | Any trustee, with no further condition on the face of the section |
| "by petition" | The route is a petition, not a suit |
| "principal Civil Court of original jurisdiction" | The forum the section names; it does not define it further |
| "sufficient reason" | The test for discharge; the Act does not list examples |
| "direct his costs to be paid out of the trust-property" | The Court may order the trustee's costs from the trust |
| "where there is no such reason" | Then discharge is not given unless a proper person can replace him |
| "a proper person" | Who counts as "proper" is not defined here; compare section 60 |
Two outcomes are possible. If the Court finds sufficient reason, it "may" discharge him: the word "may" leaves the decision with the Court. If there is no such reason, the Court "shall not" discharge him, unless a proper person can be found to take his place. That second limb makes sure the trust is not left without a trustee. The section does not say what counts as "sufficient reason", does not give the procedure for the petition, and prescribes no time limit or fee; the text is silent on all of these.
On "proper person", section 60 supplies a list of those who are not proper persons for the beneficiary's right to proper trustees; see our article on sections 59-61. Section 72 does not say that list governs here, so do not assume it does.
Why it exists
A trustee who has accepted the trust cannot just renounce it; section 46 says so, and section 71 lists the limited ways of discharge. Without section 72, a trustee for whom the other routes do not work could be stuck. Section 72 is the safety valve, and the Court's discretion balances that against the beneficiaries' interest in a competent trustee. See section 46 and sections 70-71.
Reading the two limbs together
The section works like a balance. On one side is the trustee's wish to leave, which the Act treats as a matter for the Court if the deed and the beneficiaries do not solve it. On the other is the trust's need for a trustee. The first sentence lets the Court discharge him on "sufficient reason"; the second sentence says that without such a reason the Court shall not discharge him unless a proper person can be found. So even a trustee with no strong reason has a path: find a suitable replacement, and the Court may then discharge him.
This also means that a petitioner who comes with a named, willing successor is better placed than one who comes with none. The section does not say that a successor is required where sufficient reason exists, and it does not say who may nominate one. Where the Court discharges a trustee and the trust still needs someone, the appointment machinery in sections 73 and 74 applies.
The Act's illustrations
In the scanned copy consulted, no illustrations are printed under section 72, so none are restated here.
A modern example of our own
Vandana Shah is the sole trustee of a trust for her late husband's two minor children. She is ill, cannot manage the trust's rental properties, and the deed has no retirement clause. The children are minors, so the consent route in section 71(e) is not open on the text.
- Vandana petitions the principal Civil Court of original jurisdiction under section 72, explaining her ill health.
- If the Court is satisfied there is sufficient reason, it may discharge her and may order her costs to be paid from the trust property.
- If it finds no sufficient reason, it will not discharge her unless a proper person is found to take her place. Her brother-in-law Suresh, willing to act, can be put forward.
What the instrument of trust can change
Section 72 begins "Notwithstanding the provisions of Section 11" and does not mention the instrument of trust. The deed can provide its own route under section 71(c), and a settlor who includes a clear retirement clause may spare trustees the need to petition. The text of section 72 does not say whether a deed can bar the petition altogether.
Practical points
- Trustees: try the simpler routes in section 71 first, such as the deed's retirement clause, or all competent beneficiaries consenting, or a replacement under section 73.
- Before petitioning, find a willing and suitable successor. The section's last limb makes that useful.
- Keep accounts up to date and hand over property and records fully; discharge does not erase what you did while in office.
- Keep records of costs. The Court may direct them to be paid out of the trust property, but the text does not promise any amount.
Need help with a trustee's discharge?
If you want to step down and the deed offers no easy way, a petition under section 72 may be the route. Our legal consultation team can look at the deed and the beneficiaries' position and help you decide how to proceed.
Key takeaways
- Section 72: every trustee may petition a principal Civil Court of original jurisdiction to be discharged, notwithstanding section 11.
- If the Court finds sufficient reason it may discharge him and direct his costs to be paid out of the trust property.
- If there is no such reason, it shall not discharge him unless a proper person can be found to take his place.
- It is limb (f) of the six ways of discharge in section 71.
- No illustrations are printed under this section in the scanned text.
Read next
- Section 73: appointment of new trustees on death or disqualification
- Sections 70-71: how a trustee's office is vacated and discharge of trustee
- Trustee removal: grounds and process under the Trusts Act
- Duties of trustees under the Trusts Act
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.