• Can a trust member can be removed from a trust

A family trust was created by our forefathers on 1942 to do Anadandams and poojas on the said trust property,There are total of 6 members ,where I do the maintenance and management, other 5 wanted to collect taxes from the community people to do the poojas and pay property taxes but they never did anything till now , our family spend more than 1 crore till now on the said property for the construction and RCOP cases, Is there any way of removing the trustees
Asked 12 months ago in Civil Law

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7 Answers

 

 

1) if there is a breach of trust or mismanagement on the part of the trustee, a suit can be brought in a Civil Court by any person interested for the removal of the trustee and for the proper administration of the endowment.


2) Courts will order removal of trustees when such removal is necessary or desirable for the good of the charity, necessary in the interests of the trust,or to save the trust property.[

 

3) proof of breach of trust or mismanagement was not essential for the removal of a trustee of a charitable institution and the court had a wide discretion under Sec. 92 to take such action as it thought necessary or desirable for the good of the charity.

Ajay Sethi
Advocate, Mumbai
97433 Answers
7872 Consultations

You have to first of all ascertain that I'd tasahe trust members have involved themselves in any fraudulent activities against the interest of the trust which would be hazardous or hamper the trust routine activities or it's name and reputation.

If the trust members have breached the conditions of the trust then you can take legal action as per the terms and conditions mentioned in the trust deed.

The reason what you have stated may not attract any breach on their part.

The trust agreements commonly have provisions that allow beneficiaries to remove or replace a trustee.sted

An interested party, like a beneficiary or a co-trustee can file a petition before court detailing reasons for removal 

If the court finds merit it may order the trustee's removal.

T Kalaiselvan
Advocate, Vellore
87635 Answers
2352 Consultations

Removal of trustees would depend on the terms of the deed.

Otherwise you will have to file civil suit for declaration and injunction. 

Devajyoti Barman
Advocate, Kolkata
23317 Answers
522 Consultations

Dear client,

Removing trustees from a family trust can be a difficult legal procedure in India. You may think about suing under the Indian Trusts Act, 1882, if the trustees are mismanaging the trust and failing to perform their duties. Beneficiaries may petition the court to have trustees removed for misconduct or breach of trust under Section 78 of the Act. Obtain proof of their carelessness, poor administration, or inability to fulfill the trust's objectives. Submit a petition under Section 78 to the relevant civil court to remove the trustees. Draw attention to their financial mismanagement and inaction as reasons for termination. Additionally, look over any special instructions pertaining to the removal of trustees in the trust deed.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

removal must be mention in trust deed ? MT can remove the trustee or with majority vote. 

Yogendra Singh Rajawat
Advocate, Jaipur
23009 Answers
31 Consultations

Yes he can be removed but only through due process of laws on grounds of breach of truest, death, incapacitated and other grounds

Prashant Nayak
Advocate, Mumbai
32812 Answers
209 Consultations

- Since, those members are doing cheating with the trust after not spending the collected amount for the beneficial of the trust , then you can lodge a complaint and execute a  Deed of Variation as per the rule mentioned in the trust deed. 

- You can also file a petition before the court for removing them from the trust.

Mohammed Shahzad
Advocate, Delhi
14737 Answers
224 Consultations

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