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Showing contexts for: trustee cannot delegate in Shanti Vijay & Co. Etc vs Princess Fatima Fouzia & Ors. Etc on 31 August, 1979Matching Fragments
which, in their opinion, contains a correct statement of law applicable in England and that the same doctrine applied to India also. The' decision in Lala Man Mohan Das's case has been followed with approval by this Court in L. Jankirama Iyer & Ors. v. Neelakanta Iyer & ors.
It follows as a necessary corollary, that where there are several trustees they must act unanimously in making a sale or a contract of sale, unless it is provided otherwise by the terms of the deed. In exercising the power of sale, as in the exercise of other powers, a trustee cannot, therefore, properly delegate the performance of the acts which he ought personally perform. Although a trustee may listen to the opinions and wishes of others, he must exercise his own judgment. Thus a trustee for sale of property, cannot leave the whole conduct of the sale to his co-trustees. The reason for this is the settlor has entrusted the trust property and its management to all the trustees, and the beneficiaries are entitled to the benefit of their collective wisdom and experience: Underhill's Law of Trusts and Trustees, 12th Ed., pp. 434, 442-43: Scot on Trusts, vol. 2, p. 1033.
It was not disputed that a trustee cannot delegate his functions except as provided in s. 47, which reads:
"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."
Section 48 is a corollary of s. 47 for, if the trustees cannot delegate their duties, it follows that they must all personally perform those duties, and not appoint one of themselves to manage the business of the trust; for the settlor has trusted all his trustees, and it behoves each and every one of them to exercise his individual judgment and discretion on every matter, and not blindly to leave any questions to his co-trustees or co-trustee.