delegation
9
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
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
anything contained in order III Rule 2 of C.P.C , trustee
cannot delegate the power unless instrument so provides
because power of attorney holder ... trustees.
19. As noted supra, it is the argument of the learned
Advocate for the defendants 1, 4 to 8 that trustee cannot
delegate
therefore, clear that one co-trustee cannot give notice to quit determining the tenancy. The decision to determine the tenancy by giving notice to quit ... instrument of trust otherwise provides.'
Section 47 reads :
'A trustee cannot delegate his office or any of his duties either
against renunciation of
the trust by a trustee and against delegation of his
functions by a trustee are embodied, in respect of trusts
to which ... special power in the
instrument of trust.
47. A trustee cannot delegate his office or any of
his duties either to a co-trustee
Indian Trust Act, 1988 wherein it is clear
that a Trustee cannot delegate his office to co-trustee or to
a stranger, unless the instrument
benefit of the 2nd defendant. The powers of the Trustees cannot be delegated to a Secretary without there being anything in writing. As I pointed ... contends that no Trustee can delegate performance of acts relating to the sale to co-trustees -- Head Notes (A) and (B). Relying upon the judgment
Securities Exchange Board Of India vs Franklin Templeton Trustees Services ... on 24 October, 2020
Equivalent
Alibhai & Ors - AIR 1963 SC 309 to
contend that trustees cannot renounce and delegate all their functions. He
has also relied on the decision ... trustee, the property leased by only one
12
trustee who is not a managing trustee to the exclusion of the co-trustee,
such transfer
plaintiff. He contended that the plaintiff cannot
delegate its duties either to a co-trustee or to a stranger,
unless the instrument of trust
