section 46
Trustee cannot renounce after acceptance.
The Jammu and Kashmir Trusts Act, 1977Civil197784 of 85 sections available4 chapters
Chapter 2 Chapter 2
Statutory text
A trustee who has accepted the trust cannot afterwards renounce it except with the permission of a principal Civil Court of original jurisdiction, or with the consent of the beneficiary, provided he is competent to contract, or by virtue of a special power in the instrument of trust.
45. Trustee cannot delegate Trustee cannot delegate.—A trustee cannot delegate his office or any of his duties either to a co-trustee or to a stranger, unless
- (a) the instrument of trust so provides, or
- (b) the delegation is in the regular course of business, or
- (c) the delegation is necessary, or
- (d) the beneficiary, being competent to contract, consents to the delegation.
- (a) A bequeaths certain property to B and C on trust to apply it to certain purposes, and directs them to execute the trust by them or the survivor of them or the trustees of them for the time being. C may bequeath the trust to D and E by his will. Explanation.—The appointment of an attorney or proxy to do an act merely ministerial and involving no independent discretion is not a delegation within the meaning of this section. 46. Co-trustee cannot act singly Co-trustee cannot act singly.—When there are more trustees than one, all must join in the execution of the trust, except where the instrument of trust otherwise provides.
Study data processing for this section.
Some statutory text is still being prepared for this language version.
PDF: pending for this language.