Transfer of trust property

Question asked on: 07/05/2016

My grandfather was created a trust for the construction and running of a school. He had appointed my father as trustee. My grandfather was died in year 1974. My father is died in year 2015. This trust is created by a Will, according to it I am the trustee of this trust but I came to know that my father has transferred this right and appointed Mr. X as trustee. It is a private trust and father has no right to appoint another person as trustee. I have filed a civil suit, what is the possibility to win.

Advised by: Shivendra Pratap Singh,

According to section 6 of the trust act, trust can be created by will. Difference between private trust and public trust is depending upon the character of person whose benefit the trust is created.

For the private trust the beneficiaries are defined and ascertained individuals who within the definite time can be defined. When the beneficiaries are uncertain and fluctuating body of person either the public at large it is called public trust.

In private trust beneficial interest is vested absolutely in one or more individual who are or within certain time may be ascertained. Your grandfather had created trust for the benefits of society; object of the trust is to serve society. All the students of the school are the beneficiaries of the trust thus it is a public trust.

If right to appoint a trustee is not given by the Will hence appointment of new trustee by your father is invalid. In Sri Dhar vs Mahant Manohar Das OC 236: it is held by the High Court of Allahabad that appointment of new trustee is void if such right to appointment is not given by the author.

Your father has no authority to appoint any other person as trustee on his place. In exigency a new trustee may be appointed with the permission of the court. Trusty is like a manager or a guardian of infant and not that of owner to entertain a right which is not authorized by the author.

It cannot be said that what will be the decision of your case, but you have sufficient evidence to prove that appointment of new trustee is void.

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Shivendra Pratap Singh

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