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104. Section 47 of the Indian Trust Act, 1882 reads as under:-

"47. Trustee cannot delegate.--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. Explanation.--The appointment of an attorney or proxy to do an act merely ministerial, and involving no independent discretion is not a delegation within the meaning of this section. Illustrations

Comments No trustee can delegate his powers and duties to another transtee and any agreement to do so would be illegal and void and would not be covered by any of the exceptions in section 47; H.E.H.: The Nizam's Jewellery Trust (in re:), AIR 1980 SC 17."

As per the aforesaid statutory provision of law, a trustee cannot delegate power unless at least any one of the four conditions mentioned thereunder is fulfilled.

105. The most shocking aspect of the case is that the resolution was passed on 05.06.2008 and the sale agreement was already executed on 08.02.2007, meaning thereby, after Writ Appeal Nos.92/2014, 135/2014 & Writ Petition No.11234/2020 executing the agreement, without there being any authority from the trustees, subsequent resolution was passed authorizing two of the trustees to finalize sale of the property. It makes it very clear that the agreement was executed without there being any authority from the trustees. At the time of execution of agreement to sell dated 08.02.2007, there was an interim order against the transfer of the property or creation of any rights passed by this Court in F.A. No.264/2003.