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
Trusts Act. The said provision is as under:
47. Trustee cannot delegate - A trustee cannot delegate his office or any of his duties either ... cannot be cured as the amendment would relate back to the date of filing of the suit and the trustee were not the trustees
Trust Act 1882
which reads as under:-
"47. Trustee cannot delegate.- A trustee cannot delegate his
office or any of his duties either ... delegation is permissible.
24. An act which requires discretion to be exercised cannot be
delegated by a trustee as against acts which do not require
instrument of tst otherwise provides."
Section 47 reads: "A trustee cannot delegate his office or any of his duties either ... business, or (c) the delegation is necessary, or (d) the beneficiary, being competent to contract, consents to the delegation."
There is, therefore, a very
lawful. The trustees of a public
charitable trust are to exercise their duties/functions themselves and
not by delegation. The Indian Trust Act, though applicable ... Trusts Act or is a public charitable or religious trust, a trustee
cannot delegate any of his duties, functions and powers to a co-
trustee
trustee arises, for
some reason, the surviving, or continuing trustees are entitled to appoint trustees, in respect of
such vacancies. Additional trustees can also ... Board of trustees. The Trust
Deed nowhere contains any enabling clause or stipulation, by which the Managing Trustee, or
any Trustees can delegate their functions
further provides certain obligations being
of the trustees. A trustee who has accepted the trust
cannot renounce it except with the permission of the
principal ... virtue of special power in the
instrument of trust. The trustee cannot delegate his
office or any of this duties u less the instrument
power as trustee, namely Mr. H.C. Sharma,
defendant herein. Section 47 of the Indian Trusts Act
provides that a trustee cannot delegate. Generally
speaking ... maxim
delegates non protest delegare, i.e. a delegate cannot
delegate further. Lala Ralya could not delegate his
power as a trustee to anyone, much
Mr. Anil Rathi vs Sanjog Steels Pvt. Ltd. & Ors. on 15 September, 2020
Author
valid as it was agreed to only by one of the trustees of the plaint temple and not by the other, (2) that the defendant ... there are more trustees than one, all most (oin in the execution of the trust and that one trustee cannot delegate any of his duties
