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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.”

34. Further in terms of the settlement deed executed by Suththa Chaitanya Swamigal only the elders amongst the legal heirs of the descendants of Paramasiva Thevar shall administer the Madam. The Will executed by Paramasiva Thevar envisages that, his eldest son Ramalingam and his descendants shall administer the Madam from time to time. If the said settlement deed and the Will of Paramasiva Thevar is read conjointly, this Court is able to arrive that, the acceptance of Trusteeship by R.Lakshmi and the eldest son of Ramalingam, namely, Paramasivam on the death of Ramalingam is in consonance to the intention of the founders of the Trust. But her intention of removing her eldest son Paramasivam from Trusteeship and appointing her son-in-law Velmurugan, the second petitioner herein is https://www.mhc.tn.gov.in/judis against the Will and the spirit of the founders of the Madam and none of these aspect of disclaimer of trusteeship by Paramasivam was established by Lakshmi as P.W.1., while deposing her evidence in Trust O.P. Rather insisting on her right to seek the permission of the Court to sell away the trust property, when there is a bar that a trustee cannot delegate his office or his duties either to co-trustee or to a stranger, the appointment of Velmurugan to take the office of trusteeship after the death of Mrs.Lakshmi, doing away with the trusteeship of the surviving trustee Paramasivam is not legally sustainable. In furtherance to that, Section 48 of the Indian Trusts Act, 1882 mandates as follows:

" WHEN there are more trustees than one, all must join in the execution of the trust, except where the instrument of tst otherwise provides."

Section 47 reads:

"A trustee cannot delegate his office or any of his duties either to https://www.mhc.tn.gov.in/judis a co-trustee or to a stranger, unless (a) the instrument of trust so provides, or (b) the declaration 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."