OF THE DISABILITIES OF TRUSTEESCentral

Section 48 of The Indian Trust Act, 1882

When there are more trustees than one, all must join in the execution of the trust, except where the instrument of trust otherwise provides.

Summary

When a trust has more than one trustee, all trustees must act together.
No single co-trustee can perform trust duties or execute the trust on their own.
All co-trustees must join in the execution of every act of the trust.
This requirement for joint action applies unless the trust document explicitly allows for trustees to act individually or differently.

Practical examples

1Ravi and Amit are co-trustees of a family trust that owns a bank account. They need to withdraw funds to pay for a beneficiary's college tuition. Under Section 48, both Ravi and Amit must sign the withdrawal slip together, because the bank cannot accept a signature from just one of them unless the trust deed says otherwise.

2Geeta, Seema, and Tina are co-trustees of a land trust. A buyer wants to purchase a plot of land from the trust. Under Section 48, all three trustees must sign the sale deed, because single action is not allowed and the transaction requires joint participation.

FAQ

1. Can one co-trustee act alone under Section 48 of the Indian Trusts Act, 1882?

No, under Section 48 of the Indian Trusts Act, 1882, when there are multiple trustees, all of them must join in executing the trust. No single trustee can act on their own unless the trust deed says otherwise.

2. Does Section 48 of the Indian Trusts Act allow a majority of trustees to make a decision?

Section 48 requires all trustees to join in the execution of the trust. It does not provide for a majority decision unless the trust instrument itself expressly permits it.

3. What is the main rule for multiple trustees under Section 48 of the 1882 Act?

The main rule under Section 48 of the 1882 Act is the rule of joint action, meaning all co-trustees must act as a single body and sign or execute trust matters together.

Test yourself

Q1.Under Section 48 of the Indian Trusts Act, 1882, if a trust has three trustees and the trust deed is silent on how they should act, how must decisions be executed?

Q2.Under Section 48 of the Indian Trusts Act, 1882, when can a single co-trustee execute a trust action alone?

Q3.Under Section 48 of the Indian Trusts Act, 1882, what is the consequence if one co-trustee attempts to sell trust property without the participation of the other co-trustees?

Q4.Under Section 48 of the Indian Trusts Act, 1882, if a co-trustee disclaims the trust at the beginning as described in Section 10, how does this affect the rule of joint action under Section 48?

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