“All Trustees shall act collectively”

“All Trustees shall act collectively”


 

In Narayanan Iyer’s Indian Trust Act 4th Edition (1992) the learned author has said thus:-

Managing Trustees:- Where there are more than one trustee, Section 48 of the Act lays down that all of them must join since one of them cannot act singly. Accordingly managing trustees have no power to create lease without concurrence of other trustees. See Abdul Rahman v. Angul Bala, AIR 1974 Cal. 16.

If all the trustees do not join in execution of the conveyance of the trust property, the conveyance is invalid and such a conveyance passed no title to the alienee. All trustees from one collective trustee and must exercise powers in joint capacity and not separately. Vide Supreme Court in Janakirama Iyer v. Nilakanta Iyer, AIR 1962 SC 633.

Consequently, a lease is transfer within the meaning of Section 15 of the Transfer of Property Act, created by one of the co-trustees is bad in law and does not convey any right, title or interest to the lessee defendant and he becomes a trespasser. See M/s. Karnataka Trader, Hubli v. Hiren Shamji, AIR 1987 Kar. 264.

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