Sections 48 and 49 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 48 says that when a trust has more than one trustee, all of them must join in carrying out the trust unless the instrument of trust says otherwise. Section 49 says that a discretionary power given to a trustee, if not used reasonably and in good faith, can be controlled by a principal Civil Court of original jurisdiction. The Act deals with private trusts; public, charitable and religious trusts are governed by other laws (see private vs public trust). If you are drafting a deed with several trustees, our legal consultation team can help you settle how decisions are to be taken.
When there are more trustees than one, all must join in the execution of the trust, except where the instrument of trust otherwise provides (s.48). A discretionary power that is not exercised reasonably and in good faith may be controlled by a principal Civil Court of original jurisdiction (s.49). Neither section has an illustration in the text.
Section 48: co-trustees cannot act singly
The section reads: "When there are more trustees than one, all must join in the execution of the trust, except where the instrument of trust otherwise provides."
| Part of the text | Meaning |
|---|---|
| "more trustees than one" | The rule is for trusts with two or more trustees |
| "all must join" | Every trustee takes part; a majority is not enough by default |
| "in the execution of the trust" | The rule covers carrying out the trust, not only big decisions |
| "except where the instrument of trust otherwise provides" | The deed can change the rule |
So the default is joint action. If the deed is silent, a single trustee cannot sell a trust property, sign a lease or give a binding receipt without the others joining in. Section 48 does not say that a majority may act; the text gives that choice to the deed.
What the deed can change
The phrase "except where the instrument of trust otherwise provides" lets the settlor choose a different working rule. A deed may, for example, allow decisions by a majority, or allow any one trustee to operate the bank account up to a stated limit, or name a "managing trustee" for routine work. The section does not prescribe a form of words, so the clause should be clear. Remember that section 47 separately restricts delegation of a trustee's office or duties; a clause that lets one trustee act alone is the instrument of trust speaking, which is one of the exceptions in section 47.
Joint action in practice
Joint action does not mean that every trustee must be in the room. The text says all "must join in the execution". How the joining is recorded is not set out in the section. Written resolutions signed by every trustee, with minutes kept, are a sensible way to show it; this is practical advice, not a statutory requirement.
Section 49: control of discretionary power
The section reads: "Where a discretionary power conferred on a trustee is not exercised reasonably and in good faith, such power may be controlled by a principal Civil Court of original jurisdiction."
Many trusts give the trustee a discretion: whether to sell, which investment to make, how much income to apply for a particular beneficiary, or when to pay out capital. The section does not take that discretion away. It says that the court can step in if the power is not exercised reasonably and in good faith. Two tests are named:
- Reasonably. The decision must be one a sensible trustee, weighing the relevant facts, could make.
- In good faith. The decision must be made honestly, not to benefit the trustee or a favoured person.
The text does not say what orders the court may make beyond "controlled", and it does not list examples of unreasonable exercise. Those details depend on the facts and are not in the section.
No illustrations
Neither section 48 nor section 49 has an illustration in the text. The next illustrations in the Act appear under section 56, so this article does not borrow any.
A modern example of our own
The Sharma Family Trust has three trustees: Anita, Bharat and Chitra. The deed says nothing about how decisions are made. Bharat signs a sale agreement for a plot of trust land without telling the other two. Under section 48 all three must join in the execution of the trust, so Bharat cannot act alone. Suppose instead the deed said that "any two trustees may act for the trust". Section 48's exception applies, and Anita and Chitra could act together.
Now suppose the deed gives Anita a discretion to decide how much income to apply each year for the education of a young beneficiary, Dev. If Anita pays Dev's cousin, who is her own relative and not a beneficiary at all, and refuses Dev any money without any reason, her power is not being exercised reasonably and in good faith. Section 49 allows a principal Civil Court of original jurisdiction to control it. What order would be made depends on the facts, and advice should be taken.
Putting the two sections together
Sections 48 and 49 work as a pair. Section 48 asks who must act: all the trustees unless the deed says otherwise. Section 49 asks how a discretion is to be used: reasonably and in good faith, with the court able to control it. A trustee who acts alone against the deed breaches section 48. A trustee, or a group of trustees, who acts together but unreasonably can still fall foul of section 49.
Practical points
- Settlors: decide at the start whether trustees must be unanimous, and say so in the deed.
- Trustees: keep written records of joint decisions and of the reasons for discretionary ones.
- Beneficiaries: a discretion is not a right to a particular payment, but a beneficiary may ask the court to control a power that is misused. See rights of a beneficiary.
- Consider a clause telling trustees which matters need all trustees and which may be handled by one.
Need help with a trust deed that has several trustees?
A deed with more than one trustee should say how decisions are taken, what happens if trustees disagree, and how discretions are to be used. Our legal consultation team can look at your deed or your plan for a new trust. Bring the draft or the existing instrument.
Key takeaways
- Where there are several trustees, all must join in executing the trust unless the instrument of trust says otherwise (s.48).
- The deed can allow a majority, one trustee, or a named trustee to act.
- A discretionary power must be exercised reasonably and in good faith; if not, a principal Civil Court of original jurisdiction may control it (s.49).
- Neither section has an illustration.
- The Act deals with private trusts only.
Read next
- Section 50: trustee may not charge for services
- Section 47: trustee cannot delegate his office or duties
- Duties of trustees under the Trusts Act
Disclaimer: Based on the text of the Indian Trusts Act, 1882 as consulted on 1 October 2026 from a scanned copy; the Act applies to private trusts, and public, charitable and religious trusts are governed by other laws. This article is general information, not legal advice; check the official text and take advice before acting.