Whether deed of retirement and appointment of trustee is a legal necessity?

jacob (Querist) 14 June 2012 This query is : Resolved
Dear Expert,

I have come across a Trust Deed for a public charitable trust registered with sub-registrar,Bangalore, Karnataka wherein,

The power to remove/discharge a trustee and appoint a new trustee lies with the Settlor. However,the trust deed is silent on whether the appointment or removal should be through a deed in writing.

Such being the case, whether it is necessary to evidence the removal of trustee and appointment of new trustee through the usual deed of retirement and appointment of trustee or a mere letter of removal will suffice?

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Ajay Bansal (Expert) 14 June 2012
I think the removal of a trustee and then appointment of another trustee in place of removed trustee should be written on a deed, not on a plain paper.

A V Vishal (Expert) 14 June 2012
A deed is not required, a notice of removal or appointment must be circulated amongst all members and a resolution must be passed with the requisite majority.

Shonee Kapoor (Expert) 17 June 2012
Notice is a must.

Resolution in this regard is a must.

It is better to incorporate such things in the Trust deed to avoid legal hassles later on.

Regards,

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

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