Appointment of trustee/ obtaining succession certificate


#1

Facts- 1) It is a debutter property(land) created by a gift to God and usufructs are only to be used for serving deity and thereby also appointed a shebait and also laid down a procedure for appointment of future shebaits. 2) This first shebait appointed another shebait according to the prescribed qualifications before his death by executing a trust deed (however it seems a simple appointment letter was sufficient for proof, I don’t know if execution of this registered trust deed was possible). 3) Now this second shebait died without appointing a new Shebait, but according to trust deeds appointment of new Shebait by old shebait is not required and later shebaits were to be appointed on the basis of the prescribed qualifications in the trust deed. 4) Presently a person who proclaims to have the prescribed qualifications is acting as Shebait and is unchallenged and he is the son(not biological) of the first shebait.5)The shebait while working as Shebait wasn’t allowed remuneration as per trust deed, however the first shebait used the money earned as donations to make fixed deposits in banks in his own name. Later he made a trust deed gifting all the money to the aforesaid deity and for preserving trust property and also appointed 7 trustees, whereof the managing trustee being whoever is the shebait, thus shebait will be ex-officio managing trustee in relation to the FD’s. If any trustee died or retired the remaining were to appoint new trustee by majority decision. However presently the ex officio managing trustee(shebait) is only there. Others have died /resigned in court. 6) The usufructs of the trusts are directed to be used only for the deity and debutter property. 7) There is no time limit for the existence of the trust. 8) It is said in the deed whoever is a sanyasi of a particular kind and was the closest disciple of the last shebait will become the successor shebait. Questions- 1) How can the shebait get the FD’s cashed(he has the receipts)? Can he himself appoint another trustee and thereafter appoint the remaining trustees based on majority decision? Or does he need to approach the court for appointing trustee? If so then will he move for appointment of another trustee or for appointing all the six other trustees? 2) Can he instead take out a succession certificate and not bother about appointing trustees? 3) Is this a private trust or a public trust? (It is open for the members of the public to visit the deity)