Section 47 in The Indian Trusts Act, 1882
47. Trustee cannot delegate.
- A trustee cannot delegate his office or any of his duties either
more or majority of trustees-Applicability of
s. 48 .
Where trustees cannot delegate duties they must
personally perform-Exercise of individual judgment and
discretion-Necessity ... Section 48 is a corollary of s. 47 . If the trustees
cannot delegate their duties, it follows that they must all
personally perform those duties
Trustees and that before any
action can be initiated in terms of clause 11.3, there has to be
unanimous decision by the Trustees affirming/admitting ... make it clear that all Trustees must join
together in execution of the Trust and that a Trustee cannot
delegate his office or duties
1540 of 2014
“46. Trustee cannot renounce after acceptance.—A
trustee who has accepted the trust cannot afterwards renounce
it except (a) with the permission ... Trusts Act, 1882
for the trustee to delegate his office or even to delegate his duties either to
co-trustee or to a stranger
trustee delegate the powers /
authorise to co-trustee Mr. Malhotra vide resolution dated 25.09.2009 is bad
in law, all the trustees must be impleaded ... other
co-trustees could authorise one of the trustee to file the suit and the trustees
cannot be delegated the stranger to file the suit
delegation
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is necessary or the beneficiary, being competent to contract,
consents to the delegation. Section 48 is also clear that co-
trustees cannot ... trustee
cannot act singly to maintain the suit. The principles laid down
in the judgments referred (supra) is also very clear that the
trustee cannot
clearly puts an embargo on the authority of trustee when it says that a trustee cannot delegate his office or any of his duties either ... specifically authorised the trustee to create and enter into a partnership. When Section 47 says that a trustee cannot delegate his office
certain exceptional cases to which we shall presently refer, a trustee cannot delegate any of the duties, function and power of his officer ... delegating these function to his co-trustee or to any other person.
8. It is, therefore, clear that one co-trustee cannot given notice
special power in the instrument of
trust.
47. A trustee cannot delegate his office
or any of his duties either to a co-trustee ... trustees must join in the execution of the duties of
the office."
25
It was held that a trustee cannot delegate
thus :
::: Downloaded on - 09/06/2013 16:11:33 :::
6
"Trustee cannot delegate - A trustee cannot delegate
his office or any of his duties