Appointment of new trustee to charitable trust

Querist : Anonymous (Querist) 13 August 2024 This query is : Resolved
1) Does appointment of new trustee for fixed duration eg. 5 years to charitable non-profit trust need to be registered as a new trust deed or is a supplementary deed of appointment required that has to be registered?
2) Can settlor trustee who is permanent trustee during his or her lifetime as per trust deed retire from trusteeship because of infirmity due to age?

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kavksatyanarayana (Expert) 13 August 2024
Trust deed registration is optional. If the trust deed is registered, an amendment deed to the Original Trust deed is now sufficient. But what are the terms and conditions in the original trust deed? At the time of execution of the original Trust deed, is there any clause regarding, how a trustee is elected in case a settlor Trustee is retiring for any reason? It is better to consult a senior Advocate or a CA in your local by showing the original trust deed for guidance. Without verifying the original trust deed, an opinion cannot be formed.

T. Kalaiselvan, Advocate (Expert) 14 August 2024
You can find the detailed procedures in this regard in the trust deed itself, you may first peruse it and then revert for further clarification.

SIVARAMAPRASAD KAPPAGANTU (Expert) 14 August 2024
Yes, I agree with Expert Sri T. Kalaiselvan, Advocate.

P. Venu (Expert) 18 August 2024
Any meaningful suggestion requires that the trust deed be perused and issues discussed.

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