Bombay Public Trusts Act
Legal Eagle
(Querist) 08 February 2010
This query is : Resolved
In case of a Trust having an irrevocable Trust Deed whose object is of a Public Charitable nature, they intend to amend the tenure of appointment, can they do so?
If so under which section?
Also could you please site relevant case laws?
Can an irrevocable Trust Deed be amended?
A V Vishal
(Expert) 08 February 2010
THE INDIAN TRUSTS ARE GENERALLY IRREVOCABLE MEANING THEY RUN BEYOND THE LIFE OF THE SETTLOR AND THE TRUSTEES. I DON'T SEE ANY REASON WHY THERE CANNOT BE AN AMENDMENT IN THE TENURE OF APPOINTMENT.FURTHER, IT IS LEGALLY VALID FOR RUNNING THE TRUST IN A MORE EFFICIENT WAY.
Raj Kumar Makkad
(Expert) 08 February 2010
Such amendment can be made as per bye-laws of such Trust contained in the Trust-deed itself.
Legal Eagle
(Querist) 09 February 2010
The Trust Deeds specify that they are irrevocable.
As far I have gone through the BPT Act,there are no specific provisions which gives the existing trustees to amend the trust deed relating to the tenure??
Could you please give me a specific section or a caselaw relating to it?