Sections 74-75 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 74 lets a beneficiary apply by petition to a Civil Court for a new trustee when it is impracticable to appoint one under section 73, and tells the Court what to weigh. Section 75 says that when a new trustee is appointed under section 73 or 74, all trust property vested in the surviving or continuing trustees or a trustee's legal representative becomes vested in him, and that he has the same powers as an original trustee. The Act deals with private trusts; public, charitable and religious trusts are governed by other laws (see private vs public trust). If property needs to be transferred into a new trustee's name, our legal consultation team can help.
If a vacancy or disqualification occurs and it is impracticable to appoint under section 73, the beneficiary may, without instituting a suit, apply by petition to a principal Civil Court of original jurisdiction, and the Court may appoint a trustee (s.74). In choosing, the Court regards the author's wishes, the wishes of the person empowered to appoint, whether the appointment will promote or impede the trust, and the interests of all beneficiaries. On any appointment under section 73 or 74, all trust property vested in the surviving or continuing trustees, or a trustee's legal representative, becomes vested in the new trustee, who has the powers of an original trustee (s.75).
Section 74: appointment by the Court
Section 74 reads: "Whenever any such vacancy or disqualification occurs and it is found impracticable to appoint a new trustee under Section 73, the beneficiary may, without instituting a suit, apply by petition to a principal Civil Court of original jurisdiction for the appointment of a trustee or a new trustee, and the Court may appoint a trustee or a new trustee accordingly."
Three points. First, it is a fall-back: it applies where appointment under section 73 is "impracticable", for example where nobody is named to appoint, or the named person cannot or will not act. Second, the applicant is "the beneficiary". Third, the route is a petition "without instituting a suit"; compare section 59, where the beneficiary's remedy for execution of the trust is a suit; see sections 59-61. The text of section 74 does not say what the petition must contain, or what time limits or fees apply.
The rule for selecting new trustees
The Court "shall have regard":
| Matter | Wording |
|---|---|
| (a) | "the wishes of the author of the trust as expressed in or to be inferred from the instrument of trust" |
| (b) | "the wishes of the person, if any, empowered to appoint new trustees" |
| (c) | "the question whether the appointment will promote or impede the execution of the trust" |
| (d) | "where there are more beneficiaries than one, the interests of all such beneficiaries" |
The wishes may be inferred from the deed, not only read from express words. The Court looks to the trust's working (c) and, where there are several beneficiaries, to all of them (d), and not only to the one who petitions. The section does not make any of these four decisive; they are matters to which the Court shall "have regard".
Section 75: vesting and powers
Section 75 reads: "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."
This works automatically on the face of the section: the property "shall become vested" in the new trustee, alone or jointly with the continuing trustees as the case requires. The section does not say what formalities, such as registration of immovable property, may still be needed to update the records; the text is silent, and registration and stamp rules sit in other laws. See how to register a trust deed for the registration side.
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."
So a replacement trustee is not weaker or more limited than the first one, and the passage covers trustees appointed by a Court "either before or after the passing of this Act".
The Act's illustrations
In the scanned copy consulted, no illustrations are printed under sections 74 and 75, so none are restated here.
A modern example of our own
The Deshmukh Family Trust in Nagpur has one trustee, Prakash, who dies. The deed names no one to appoint trustees, and the author of the trust is dead.
- Appointment under section 73 is impracticable, so Prakash's niece Meena, a beneficiary, petitions the Civil Court under section 74. She does not need to file a suit.
- The Court looks at the deed for the author's wishes, at whether the proposed person, an accountant named Vinay, would promote or impede the trust, and at the interests of all beneficiaries, including Meena's minor brother.
- Once Vinay is appointed, section 75 vests the property in him. If there were a surviving trustee, the property would vest in Vinay jointly with that trustee, as the case required.
- Vinay then has the same powers as if he had been the author's own first choice.
What the instrument of trust can change
Under section 74(a) and (b), the Court is to regard the author's wishes expressed in the deed and the wishes of the person empowered to appoint. A deed that names a method of choosing trustees, or a person with power to appoint, therefore carries weight even in a Court appointment. Section 75 gives the new trustee the powers the deed would have given an original trustee. The text does not say that a deed can switch off the automatic vesting rule.
Practical points
- Settlors: name a person to appoint trustees, and a successor for that person.
- Beneficiaries: before petitioning, show that appointment under section 73 is impracticable, and suggest a suitable person.
- New trustees: after appointment, ask for the deed, title papers and accounts and update bank and property records. Ask for the trustee's old accounts too.
Need help with a Court appointment or transfer of trust property?
If a vacancy cannot be filled under section 73, or trust property needs to be updated in a new trustee's name, the deed and the title papers are the starting point. Our legal consultation team can review them and explain the options.
Key takeaways
- Section 74: where appointment under section 73 is impracticable, a beneficiary may apply by petition, without a suit, to a principal Civil Court of original jurisdiction.
- The Court regards the author's wishes, the wishes of the person empowered to appoint, whether the appointment promotes or impedes the trust, and the interests of all beneficiaries.
- Section 75: on appointment under section 73 or 74, trust property vests in the new trustee, alone or jointly with continuing trustees.
- A new trustee has the same powers, authorities and discretions as an original trustee.
- No illustrations are printed under these sections in the scanned text.
Read next
- Section 76: survival of trust on death or discharge of a co-trustee
- Section 73: appointment of new trustees on death or disqualification
- Appointment of new trustee: resolution and deed
- Trustee removal: grounds and process 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.