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Premraj   10 December 2024

Whether trusteed amendment required a trustee died another trustee nominated as per provision

In the case of Charitable trust is there deed amendment required in the event of the deathe of a trustee and nominated another trustee as per provision. 



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     10 December 2024

The procedure to replace a deceased trustee in a charitable trust in India is as follows:.

A new trustee is appointed in writing by the person making the appointment. .

The court considers the wishes of the trust's author and the person who is empowered to appoint new trustees.

If only one trustee is to be appointed, the Official Trustee can be appointed with the court's order and the Official Trustee's consent

Anshu Sharma (LAWFINITY SOLUTI   12 December 2024

In the case of a charitable trust, if a trustee has passed away and a new trustee is nominated as per the trust deed's provisions, typically, no amendment to the deed is required if the process for nomination is already outlined in the trust deed. However, it is advisable to formally record the appointment of the new trustee with the appropriate authorities, such as the Charity Commissioner or the Registrar, to ensure compliance with legal requirements.

For a more detailed discussion or assistance, feel free to share your contact details, and we can discuss this further.


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