When a Trustee Dies: What the Remaining Trustees Must Do in Maharashtra

मराठीत वाचा

When a trustee of a public trust dies, the trust’s work often stops overnight. The bank freezes the account, signatories are unclear, and family members of the deceased trustee sometimes assume they have stepped into the role. The Maharashtra Public Trusts Act, 1950 has a clear process. This guide sets it out.

Step 1: Read the trust deed

The deed decides what happens next. Look for:

• the minimum and maximum number of trustees;
• how vacancies are filled: co-option by the remaining trustees, nomination by a founder family, election by members, or hereditary succession (as with a vahiwatdar of a temple trust);
• the quorum for meetings and who may call them.

The heirs of a deceased trustee do not become trustees unless the deed provides for hereditary succession.

Step 2: Hold a valid meeting

The remaining trustees should meet, record the death, and if the deed allows, appoint a successor. Notice must be given to all trustees and the quorum must be met. The Bombay High Court has upheld the setting aside of change reports where the quorum in the deed was not met (a single trustee cannot constitute a quorum), notices were suppressed, and the change report was accepted without the required enquiry.

Step 3: File a change report within 90 days

Under Section 22, a change in the trustees must be reported to the Assistant or Deputy Charity Commissioner within 90 days, in Schedule III, now commonly filed online. Attach the death certificate, the resolution, the consent and identity documents of any new trustee, and the documents listed in the rules. See change report documents and sample formats.

Missed the deadline? In Shri Mallikarjun Devasthan, Shelgi v. Subhash Mallikarjun Birajdar (2024), the Supreme Court held that delay in filing a change report can be condoned and does not automatically invalidate the new trustee’s assumption of office, although failing to report can attract a fine. See late change reports.

Step 4: The bank account

Banks usually stop or restrict operations when a signatory dies. To restore operations, banks typically ask for:

• the death certificate;
• the board resolution authorising the new signatories;
• the filed change report, and often the order accepting it;
• KYC of the new signatories and the trust’s registration certificate.

Filing the change report quickly is therefore the fastest way to restore banking. Where urgent payments (salaries, rent) are stuck, write to the bank explaining the position and the steps taken.

If no trustees remain, or the deed gives no way forward

If the last trustee has died, if the remaining trustees cannot form a quorum, or if the deed has no workable method of appointment, an application can be made to the Charity Commissioner under Section 47 for the appointment of new trustees. A public notice is usually issued inviting objections and offers from persons willing to act, and the Charity Commissioner then appoints suitable trustees. See appointing a new trustee and Sections 41D and 47.

Property standing in the deceased trustee’s name

Trust property sometimes stands in the personal name of a trustee in municipal or land records. It remains trust property. The records should be corrected in the name of the trust or the current trustees, and the trust’s entry in the public trust register should reflect the property correctly. Take care that the deceased trustee’s heirs do not deal with it as family property.

Checklist

1. Obtain the death certificate.
2. Check the deed for succession and quorum.
3. Call a meeting with notice to all trustees; record the death and any appointment.
4. File the change report within 90 days.
5. Update bank signatories and other institutions.
6. Apply under Section 47 if the trust cannot fill the vacancy itself.

Frequently asked questions

The deceased trustee’s son says he is now a trustee. Is he right?

Only if the deed provides for hereditary succession, and even then a change report must be filed and accepted.

Can the trust function with fewer trustees than the deed requires?

The remaining trustees should act only within their powers under the deed and with a valid quorum. Fill vacancies promptly.

Who files the change report if all trustees have died?

A person interested in the trust can approach the Charity Commissioner, including under Section 47.

See also: change reports before the Charity Commissioner and tenure and perpetual trustees.

Related service: Trustee Disputes Before the Charity Commissioner

Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.

This guide describes general law as understood in October 2026. It is not legal advice; the trust deed governs much of what applies, so take advice on your trust’s deed.