Bombay public trust act

Querist : Anonymous (Querist) 01 February 2012 This query is : Resolved
When there is a trust and in which procedure of upcoming trusty is by Sucession.and after death of father ( who is trustee ) he is having wife and three son behind him,who became trustee or whether all four sucessior became trustee. pls explain if any case law then pls refer it.

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ajay sethi (Expert) 01 February 2012

how many trustees are there in a trust? can affairs of trust be administered without making application to charity commr? has the number of trustees fallen below the minimum?

under section 47 of bombay public trust act on detah of trustee an application cna be made to charity commissioner for filling in vacancy .tthe charity commr shall fill in the vacancy after consideration of various factors mentioned in 47(2)

In appointing a trustee under sub-section (2), the Charity Commissioner shall have regard -

(a) to the wishes of the author of that trust;

(b) to the wishes of the person, if any, empowered to appoint a new trustee;

(c) to be question whether the appointment will promote or impede the execution of the trust;

(d) to the interest of the public or the section of the public who have interest in the trust ; and

(e) to the custom and usage of the trust.

5) The order of the Charity Commissioner under sub-section (2) shall be deemed to be the decree of the Court and an appeal shall lie therefrom to the High Court".

Raj Kumar Makkad (Expert) 01 February 2012
I endorse the legal position as described above.

niranjan (Expert) 01 February 2012
Sec.47 applies only when sole trustee dies,but in this case it is mentioned that method is to appoint by succession.So amongst heirs whoever wants tobe Trustee,has to file change report before the Dy.CC.

Shonee Kapoor (Expert) 01 February 2012
Nothing left to say.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 02 February 2012
Can't answer the query, sorry.

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Querist : Anonymous (Querist) 02 February 2012
sir first uf all thanks to all of you.but actually my question is when in a trust method is upcoming trustee is by way of sucession and in which one of trustee died then only his elder son become trustee or all his legal hairs as three son and wife can also became trustee,minnimem no.is not clear and my application towards Asst.Chariti Commissioner and whether S 47 are applicable towards Asst.Chariti Commissioner.

jeevan1950 (Expert) 02 February 2012
cant answer

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