Legal Question in Wills and Trusts in India

can state govt be appointed as donor trustee?
1.a donor trustee of educational trust without children had appointed his wife as donor trustee in his place by excecuting a deed after passing resolution in the trust meeting.

2. some persons have a document claiming to be deed of appointment excecuted by same donor trustee (after the date of first deed appointing his wife) appointing state govt as donor trustee in his place and this was done without any trust meeting held and resolution being passed to this effect.
3. the state govt merely base on a letter from chairman of trust (without sanction of board of trustees and without any meeting and resolution) in his individual capacity accepted the same and issued order appointing an IAS officer to act as donor trustee.
the original donor trustee had died by the time order was issued. the IAS officer sent by state govt took charge as donor trustee.
the question arised is:
1. is not the deed of original donor trustee illegal when already he had issued similar deed to his wife and same was not revoked and no trust meeting held or resolution passed to this effect.
2. is state govt not wrong in accepting a deed ofappointment which was excecuted without any trust resolution.
3. in any case can state govt act as a donor trustee.

Asked on 7/25/06, 3:38 am

BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

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Re: can state govt be appointed as donor trustee?

Your querry is not clear. You need to elaborate it in little detail.

Answered on 7/25/06, 7:34 pm

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