73. Appointment of new trustees on death, etc.—
Whenever any person appointed a trustee
disclaims, or any trustee, either original or substituted, dies, or is for a continuous period of six months
absent from 1[India], or leaves 1[India] for the purpose of residing abroad, or is declared an insolvent, or
desires to be discharged from the trust, or refuses or becomes, in the opinion of a principal Civil Court of
original jurisdiction, unfit or personally incapable to act in the trust, or accepts an inconsistent trust, a new
trustee may be appointed in his place by—
(a) the person nominated for that purpose by the instrument of trust (if any), or
(b) if there be no such person, or no such person able and willing to act, the author of the
trust if he be alive and competent to contract, or the surviving or continuing trustees or trustee
for the time being, or legal representative of the last surviving and continuing trustee, or (with
the consent of the Court) the retiring trustees, if they all retire simultaneously, or (with the
like consent) the last retiring trustee.
Every such appointment shall be by writing under the hand of the person making it. On an
appointment of a new trustee the number of trustees may be increased.
The Official Trustee may, with his consent and by the order of the Court, be appointed under this
section, in any case in which only one trustee is to be appointed and such trustee is to be the sole trustee.
The provisions of this section relative to a trustee who is dead include the case of a person nominated
trustee in a will but dying before the testator, and those relative to a continuing trustee include a refusing
or retiring trustee if willing to act in the execution of the power.
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