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"46. A trustee who has accepted the trust cannot afterwards renounce it except (a) with the permission of a principal Civil Court of Original Jurisdiction, or (b) if the beneficiary is competent to contract, with his consent, or (c) by virtue of a special power in the instrument of trust.

47. A trustee cannot delegate his office or any of his duties either to a co-trustee or to a stranger, unless (a) the instrument of trust so provides, or (b) the delegation is in the regular course of business or (c) the delegation is necessary, or (d) the beneficiary, being competent to contract, consents to the delegation.

It was held that a trustee cannot delegate any of the duties, functions and powers of his office to his co-trustees or to anyone else, as that would be contrary to his obligation under the Trust. And after referring to Abdul Kayum , supra, and quoting from the same, the Gujarat High Court further held that the observations therein showed that whether the Trust is a private Trust governed by the Indian Trusts Act or is a public charitable or religious Trust, a trustee cannot delegate any of his duties, functions and powers to a co-trustee or to any other person, unless the instrument of trust so provides or the delegation is necessary or the beneficiaries competent to contract consent to the delegation or the delegation is in the regular course of business and that those were the only four exceptional cases in which delegation is permissible and save in those exceptional cases, the trustees cannot, even by a unanimous resolution, authorise one of themselves, to act as a managing trustee for executing its functions and powers relating to the Trust and every one of them must join in the execution of such duties, functions and powers.