Trust deed
Ankur Acharya
(Querist) 19 May 2020
This query is : Resolved
We are having temple 400 years old my fourfthers were the founder they appointed pujari there.After that pujari claimed that they are the owner.Later my grandfather filed a case and also created a trust under public trust act at devasthan department in 1984 and won in DJcourt and court said that we are founder and the trust will work according to trust deed.
In trust deed there was a clause that managing trustee can appoint another managing trustee so my grandfather appointed my father as managing trustee in 1999 and my grandfather passed in 2003.Now pujari went to high court and the case was in due course from long time also he objected in devasthan for appointment of my father as managing trustee.
Now in 2018 the pujari withdrawn the case from high court and devasthan. Devasthan appointed my father as managing trustee.
1. My grand father wrote in trust deed that managing trustee can make other trustee and their time span is of five years after that trustee are no longer member of trust.
2. My grand father is the first managing trustee for the life time and he can appoint another managing trustee in his lifetime and no other persons or trustee can object. And no one can amend this clause.
3. All trustee can add or amend any other law but not the law for managing trustee appointment.
4. Managing trustee is having all power.
Now my question is one of trustee who was member of the trust when the trust deed was written, he wants to become managing trustee.
Also wants to amend the trust deed.
If not managing trustee than he wants amendment that he can become permanent trustee.
Can he challenge trust deed.
Can he become permanent trustee.
Can he challenge managing trustee position.
We are in operations since 9/2018 and had done CA audit for 2018 2019 and given audited report to devasthan.
We made new trustee and that is mentioned in our meeting register.
Please suggest
Guest
(Expert) 20 May 2020
Let the other side person who wants to become the Managing Trustee to start his claims and then you could defend. Better discuss in detail with an Local Good Civil Side Senior Advocate specialized in such matters and be prepared
Sudhir Kumar, Advocate
(Expert) 20 May 2020
Agreeing with Mr Narasimha I would add that as seen from your description right now thre is no challenge and the challenge before High Court stands withdrawan.
It appears that in your case you may be by now having a bulk of papers and none can form a clear view without going through these papers. If need arises you may meet a lawyer with papers.
P. Venu
(Expert) 20 May 2020
Yes, no definite suggestion is possible unless the trust deed, and the decisions of the court are perused. Is the trust register - if so, under which Act?
Ankur Acharya
(Querist) 20 May 2020
Sir,
is there any law that we can make permanent trustee.
Raj Kumar Makkad
(Expert) 20 May 2020
The creation of religious charitable trusts is governed by the personal laws of the religion. The administration of these religious trusts can either be left to the trustees as per the dictates of the religious names or it can be regulated by statute. In case of Hindus, the personal law provisions regulating the religious trusts have not been codified and are found dispersed in various religious books and epics. Like the private trusts, public trusts may be created inter vivos or by will. Once the trust is created and the property is transferred to the trust it cannot be revoked. In case of breach of public trust, either the Advocate General or two or more persons having interest in the trust can institute a suit regarding following matters:
1. Removal of a trustee
2. Appointment of a new trustee
3. Vesting of any property in a trustee
4. For directing a trustee who has been removed as a trustee to provide possession of any trust property in his possession to the person entitled to the possession of such property.
5. For directing accounts inquiries.
Raj Kumar Makkad
(Expert) 20 May 2020
if the basic intention of settler of the trust (founder) is not going to be changed then the clauses of the trust can definitely be changed/repealed/amended as per provision as cited above.
Rajendra K Goyal
(Expert) 20 May 2020
You said:
Also wants to amend the trust deed.
Reply:
It is not easy to amend the object clause. Clauses of trust deed can be amended in accordance with the procedure laid down in trust deed and in line with the statute.
You said:
If not managing trustee than he wants amendment that he can become permanent trustee.
Reply:
Can be amended, provided procedure is followed. Discuss with local CA / Lawyer / consultant after showing him trust deed and other documents.
You said:
Can he challenge trust deed.
Reply:
Without knowing grounds, nothing can be advised.
Rajendra K Goyal
(Expert) 20 May 2020
You said:
Can he become permanent trustee.
Reply:
Only after following procedure laid down in trust deed and also when trust deed contains such provision / procedure.
You said:
Can he challenge managing trustee position.
Reply:
On what grounds, let him challenge first.
You said:
We made new trustee and that is mentioned in our meeting register. Please suggest
Reply:
Trust deed need to be referred, just entry in meeting register may or may not be in accordance of the requirements of the trust deed.
You said:
We are in operations since 9/2018 and had done CA audit for 2018 2019 and given audited report to devasthan.
Reply:
No Comments, procedural step.
Rajendra K Goyal
(Expert) 20 May 2020
Casual query may not be of much help, all related documents, trust deed, meeting register need to be referred. Please discuss in detail with local lawyer / CA who has experience in handling such cases.
kavksatyanarayana
(Expert) 20 May 2020
As per me, the Managing Trustee may call for a meeting of all the trustees and shall pass a resolution for the proposal of the amendment that you need if there is such clause in the original Trust deed. Usually, such a clause is common in the trust deed. However, it is better to consult a local senior CA.
