Presence of trustees during trust amendments
Vijaya Bhaskar
(Querist) 28 June 2018
This query is : Open
Dear Learned expertise
We are a charitable trust registered under the Bombay Public Trust Act 1950, which is repealed in 2003. After repeal were not sure about what next, Hence, we filed an application under RTI and got the information that we are now regulated " The charitable and Religious Trust Act, 1920. For any additions or modifications to the trust deed can be carried by a petition to the district court under section 3 and 7 of the Charitable and Religious Trust Act 1920 or approach district sub registrar office for document registration.
First I approached the sub registrar office, and we are told that all the trustees must be present at the time of registration which could be difficult as one of the trustees is not in country.
Is it mandatory that all the trustees must be present or can the chairman represent all the trustee with a resolution and authoriszation. by other trustees to register.
Is their any process to go further without one trustee and register still the trustee being on board. The absent trustees does not have any objections to the trust amendments.
kavksatyanarayana
(Expert) 28 June 2018
If all the Trustees including Author of the Trust executed the previous Trust Deed, now it requires all for registration of amendment to the previously registered Trust. If one of the trustee is out of India, he can give authorisation by way of Special power of Attorney executed duly notarized by the consulate or public notary at that Country to any trustee.
Vijaya Bhaskar
(Querist) 29 June 2018
Thank you very much for your instant assistance and valuable suggestion. Much appreciated.
Vijaya Bhaskar
(Querist) 04 July 2018
Dear Learned Experts,
Sorry for coming back again with queries,
After repeal of Bombay Public Trust Act 1920, we are told that the trusts regulated under BPT are now regulated by the Charitable and Religious Trust 1920 and can seek any directions under section 3 and 7 or obtain registration with district registration office.
Since one of our trustee is in US and the process of having Special Power of Attorney may consume lot of time,can we approach the district court to and take the approval of revised trust deed instead registering with sub registrar/district registrar?
Please suggest.
