Public trust

Querist : Anonymous (Querist) 01 July 2017 This query is : Open
At a Trustees meeting (a Public Trust, duly registered with the Charity Commissioner, Mumbai) , there were only three Trustees present (quorum being 3). The Chairman of the Trust was absent due to illness and one of the Trustees took the Chair.
A topic on the Agenda was appointment of additional Trustees.
The Chairman of the meeting demanded that this matter be taken up and resolved at this very meeting as it was on the Agenda.
He PROPOSED the name of his SON IN LAW (husband of his daughter, and understandably residing in his very same house when in Mumbai- he has given his permanent address as Pune) to be a Trustee.
One of the other Trustees objected vehemently that being a Public Trust it is incorrect for it to be slowly converted into a "family run Trust" by inducting a son in law (who incidentally has never met the two other Trustees)- the Chairman wanted a blind vote on this.
And that in any case, the Chairman of the meeting, being an interested party and a direct family member of the applicant had no right to be voting on an "interested candidate as a son-in-law".

This was overruled by the Chair so the opposing Trustee stated that he was AGAINST SUCH AN APPOINTMENT unless the Chairman of the meeting stayed away from the voting as an INTERESTED PARTY>

Without the contents of the Resolution being drafted, read out and put to vote the Chairman, stated that by a 2-1 majority (his own vote and that of the third Trustee) the Resolution had been passed and that his SON IN LAW was now a Trustee for LIFE. My objection was heard but I do not know if my views/ objection will find its way into the Minutes which I presume will come weeks if not months later.

I seek the valued views of our Legal Experts on the panel as I dread that this is the first stage in the creeping takeover of the Trust by this Trustee and his family- the Trust has large holdings in property and assets.

I look forward to such views.

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Kumar Doab (Expert) 01 July 2017
Aq, ...........NO reply…………………

Guest (Expert) 01 July 2017
First serve a Legal Notice regarding this and proceed

Guest (Expert) 01 July 2017
Consult and discuss with a Local good senior advocate in detail

Querist : Anonymous (Querist) 01 July 2017
1.Whether a new Trustee has to be appointed UNANIMOUSLY or by MAJORITY
2.Whether a person RELATED to an existing Trustee can be appointed as a NEW ADDITIONAL TRUSTEE.
3. If 1 above is applicable and 2 above is permitted,then is it NOT COMPULSORY that the RELATIVE TRUSTEE has to abstain from voting on this appointment of his relative.

(I remember that at the BBCI Selection committee meetings, Roger Binny who was a Selector used to always go out of the room when his son Stuart Binny was being discussed and only returned to the meeting after the discussion and decision on his son was completed)

Please reply on this Sirs

R.K Nanda (Expert) 01 July 2017
no reply to anonymous query.

Rajendra K Goyal (Expert) 01 July 2017
No reply to query from an author who is anonymous.

Sankaranarayanan (Expert) 01 July 2017
pls come with identity first

Advocate Suneel Moudgil (Expert) 02 July 2017
No reply to AQ...........................

P. Venu (Expert) 02 July 2017
What is the compulsion for remaining anonymous?

Querist : Anonymous (Querist) 02 July 2017
I am P.Phipson and am concerned for the Trust rather than myself.

Querist : Anonymous (Querist) 04 July 2017
please see my reply to your query on being anonymous

Querist : Anonymous (Querist) 05 July 2017
please do give me your valued opinion

Querist : Anonymous (Querist) 05 July 2017
pls do give me your valued opinion- p.phipson

Public trust

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