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How to remove or impeach a secretary of a trust
20-Mar-2023 (In Wills / Trusts Law)
How a secretary can be removed or impeached in a trust ? Does the president have the power to do so?
According to the following sections of The Indian Trusts Act, 1882 ,
45. Suspension of trustee’s powers by decree.—Where a decree has been made in a suit for the execution of a trust, the trustee must not exercise any of his powers except in conformity with such decree, or with the sanction of the Court by which the decree has been made, or, where an appeal against the decree is pending, of the appellate Court.
45. Suspension of trustee’s powers by decree.—Where a decree has been made in a suit for the execution of a trust, the trustee must not exercise any of his powers except in conformity with such decree, or with the sanction of the Court by which the decree has been made, or, where an appeal against the decree is pending, of the appellate Court.
46. Trustee cannot renounce after acceptance.—A trustee who has accepted the trust cannot afterwards renounce it except
(a) with the permission of a principal Civil Court of original jurisdiction, or (b) if the beneficiary is competent to contract, with his consent, or (c) by virtue of a special power in the instrument of trust.
45. Suspension of trustee’s powers by decree.—Where a decree has been made in a suit for the execution of a trust, the trustee must not exercise any of his powers except in conformity with such decree, or with the sanction of the Court by which the decree has been made, or, where an appeal against the decree is pending, of the appellate Court.
45. Suspension of trustee’s powers by decree.—Where a decree has been made in a suit for the execution of a trust, the trustee must not exercise any of his powers except in conformity with such decree, or with the sanction of the Court by which the decree has been made, or, where an appeal against the decree is pending, of the appellate Court.
46. Trustee cannot renounce after acceptance.—A trustee who has accepted the trust cannot afterwards renounce it except
(a) with the permission of a principal Civil Court of original jurisdiction, or (b) if the beneficiary is competent to contract, with his consent, or (c) by virtue of a special power in the instrument of trust.
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Adv. Siddhant Sharma
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