• Charitable trust - Bangalore

I have a charitable trust in Bangalore. The trust deed says that the trustees can be changed by a resolution. We want to change one trustee. Is a resolution (duly stamped and notarised) enough or does it need to be registered?
Asked 2 years ago in Civil Law from Bangalore, Karnataka
1) resolution has to be passed for change in trustees 

2) t is mandatory to inform any change which occurs in the trust in respect of the trustees, moveable or immovable properties etc. within a period of 90 days from the change as provided under section 22 of the B.P.T. Act, 1950. The change so informed is necessary to be recorded on satisfaction of its legality and validity to the authority.
Ajay Sethi
Advocate, Mumbai
31010 Answers
1697 Consultations

5.0 on 5.0

Hi, if the trust deed allow you to change the trustee by way of Resolution then pass  a resolution to that effect and change the trustee you need not necessarily register the same.
Pradeep Bharathipura
Advocate, Bangalore
4256 Answers
160 Consultations

4.3 on 5.0

according to Indian trust act, beneficiary has right to change trustee at any time  if trustee is not performing his duty according to trust deed. but you should file civil suit for removal of trustee. state all the facts and duly signed by all the   beneficiaries. if court find that there is reasonable ground for removal then it shall pass decree accordingly. trustee has legal entity and status so his legal status can't be change by passing resolution only. 
Shivendra Pratap Singh
Advocate, Lucknow
3880 Answers
56 Consultations

4.9 on 5.0

A.  By passing a resolution itself is not a sufficient process to removal trustee even though it is mentioned in the Trust Deed. Hence, you have to approach the Civil Court to removal him and you need to explain and produce the record for the removing causes. Subsequently, if the Court satisfied, then pass the decree for removal of Co trust. Additionally, A trustee cannot resign without the permission of the court unless the trust instrument so provides or unless all of the beneficiaries who are legally capable to do so consent to the resignation. The court usually permits the trustee to resign if continuing to serve will be an unreasonable burden for the trustee and the resignation will not be greatly detrimental to the trust.

B. A co-trustee to commit a breach of trust. You may institute a suit to have Co trust  removed and a new trustee appointed in his room. In case, if you removed Co trust by not following proper procedure, he has the right to question the same before the Court.

C.  For your information, when the administration of the trust involves the receipt and custody of money, the number of trustees should be two at least.
B.T. Ravi
Advocate, Bangalore
768 Answers
40 Consultations

5.0 on 5.0

Resolution duly stamped with the minutes of meetings are sufficient. 
Nadeem Qureshi
Advocate, New Delhi
4183 Answers
168 Consultations

4.9 on 5.0

1. First a resolution shall has  to be passed and minuted properly in a meeting to be held by the Trusty Borad,

2. The resolition is equired to be clearly writen and signed by all he members of the Trusty Board and dated properly,

3. It need not be notarised or registered.
Krishna Kishore Ganguly
Advocate, Kolkata
14435 Answers
325 Consultations

5.0 on 5.0

The trust deed is last word in this contest. What says about the changes of trustees in trust deed. follow the words and act up on the trust deed. No need to be notarised or registered the resolution. The resolition is must signed by all he members of the Trusty Board and issue and served notice properly before the meeting.
Ajay N S
Advocate, Ernakulam
2183 Answers
26 Consultations

5.0 on 5.0

If there is no mention of the registration of the resolution in the trust deed then a stamped and notarized resolution should suffice.
Ashish Davessar
Advocate, Jaipur
20371 Answers
536 Consultations

5.0 on 5.0

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