Bombay Public Trust Act 1950
suresh phadkule
(Querist) 01 July 2011
This query is : Resolved
The BPT Act 1950 does not define a de facto or de jure trustee. But in the pleadings/judgements/orders under the Act, their are found references to these terms. What exactly are the powers and liabilities of the de facto trustees? what is the real difference between de facto and de jure trustee? Is such distinction recogised by the Act itself?
M V Gupta
(Expert) 02 July 2011
De jure Trustee means the person who is appointed as the Trustee under the Deed creating the trust. A de facto trustee is one who actually carries on the trustee's responsibilities wihtout being appointed as the trustee. A defacto trustee may also be held responsible for any acts deeds and things done by him on behalf of the de jure trustee. Similarly, the de jure trustee will be liable for any acts done by the de facto trustee. As u said the BPT act does not define the words.
