Trusteeship of public charitable trust prima facie cannot be bequeathed through Will: P&H High Court

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made

Published 28 October 2026

Case: Trusteeship Of Public Charitable Trust Prima Facie Cannot Be Bequeathed Through Will: P&H High Court
Court: High Court of Punjab and Haryana
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Punjab and Haryana High Court held that trusteeship of a public charitable trust cannot prima facie be bequeathed through a Will. The court observed that the administration of a public trust is governed by its trust deed and the relevant statutory provisions, not by personal inheritance.

Ratio Decidendi · Legal Principle Established

The trusteeship of a public charitable trust is not a heritable property right that can be transferred or bequeathed through a Will, as the administration of such trusts is governed by the trust deed and applicable statutory frameworks.

Practice & Procedural Impact for Advocates

Advocates should advise clients that trusteeship of public charitable trusts is generally not transmissible by Will. Litigants seeking to appoint new trustees must follow the procedures outlined in the trust deed or relevant statutes, rather than relying on testamentary dispositions.

Key Legal Takeaways

1Trusteeship of a public charitable trust is not a heritable right.
2A Will cannot be used to bequeath the position of a trustee in a public charitable trust.
3The administration and appointment of trustees for public trusts are governed by the trust deed and statutory provisions.

The Legal Issue The core legal issue before the Punjab and Haryana High Court was whether the trusteeship of a public charitable trust could be bequeathed through a Will. This question arose in the context of a dispute concerning the administration and succession of trustees for such a trust.

Court's Reasoning The Punjab and Haryana High Court observed that, prima facie, the trusteeship of a public charitable trust cannot be bequeathed through a Will. The court reasoned that the position of a trustee in a public charitable trust is not a personal property right that can be inherited or transferred via a testamentary instrument. Instead, the administration of a public trust, including the appointment and succession of its trustees, is governed by the specific provisions laid down in its trust deed and any applicable statutory frameworks. The court emphasized that the nature of a public charitable trust requires its management to adhere to its foundational documents and legal regulations, rather than being subject to personal inheritance laws.

What Follows The court's observation indicates that any attempt to transfer trusteeship through a Will would likely be invalid. Parties involved in the administration of public charitable trusts must ensure that all appointments and successions of trustees strictly follow the procedures stipulated in the trust deed and relevant laws. This ruling guides future disputes regarding trustee succession in public charitable trusts, reinforcing that such positions are not subject to personal testamentary dispositions.