Registration of incoming and outgoing trustees

Vijaya Bhaskar (Querist) 22 January 2024 This query is : Resolved
Dear Learned Experts

Greetings!

A charitable Trust having four trustees have decided to resign due to their personal reasons at a time. In place of them two new trustees have been inducted. Is it mandatory to register the outgoing trustees also or only incoming trustees should be registered with the sub-registrar office. Also the the new trustees desire to amend certain clauses to the trust deed.

Pleases suggest is it mandatory to have all the trustees who are outgoing and incoming trustees to be present for the amendment of the trust deed?

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Quick Summary

This discussion clarifies the registration requirements for trustees in a charitable trust. It addresses whether both outgoing and incoming trustees need to be registered with the sub-registrar's office. Additionally, it explores the necessity of having all trustees, including those departing and newly appointed, present for amendments to the trust deed, referencing Supreme Court guidance on modifying trust deeds.

kavksatyanarayana (Expert) 22 January 2024
All trustees shall sign the in the Amendment of Trust deed.

T. Kalaiselvan, Advocate (Expert) 22 January 2024
In the case CIT vs Kamala Town Trust (1996)217 ITR 699 (SC), (1996)84 Taxman 248(SC), the supreme court held that any change in Trust Deed is not possible unless the deed itself provides for such change.
Approaching the registrar or a court of law shall only be relevant if a change is legally permissible.

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