Which of these characteristics is, by itself, an express ground of disqualification from administering…
Under Explanation I to Section 60 of the Indian Trusts Act, 1882 ('Right to proper trustees'), the following are not proper persons within the meaning of the section: 'A…
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Which of these characteristics is, by itself, an express ground of disqualification from administering trust property under section 60 of the Indian Trusts Act, 1882?
Answer and explanation
Correct answer A
Under Explanation I to Section 60 of the Indian Trusts Act, 1882 ('Right to proper trustees'), the following are not proper persons within the meaning of the section: '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.' Note that 'a married man' is not excluded; therefore, 'A person domiciled abroad' is the correct answer.
Option feedback
Option A
Correct. Explanation I to Section 60 of the Indian Trusts Act, 1882 expressly enumerates 'A person domiciled abroad' as not being a proper person to administer trust property.
Option B
A man's marital status is not one of the disqualifying characteristics listed in Explanation I.
Option C
Being an adult citizen domiciled in India does not itself disqualify the person under Explanation I.
Option D
Retirement from judicial office does not itself disqualify a person under Explanation I.
Practice for these exams
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Andhra Pradesh Higher Judicial Service
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Andhra Pradesh Judicial Services