A math registrer under bombay public trust act is cancelled.

Querist : Anonymous (Querist) 21 December 2011 This query is : Resolved
I have purchased a property from a math.that math is registered under bombay public trust act. But registration of that math's trust is cancelled in 1/03/2005. At the time of my purchase the math authorities are told that permission from Charaty Commissioner is not required as the math trust is cancelled in 2005.I agree with their statement and purchased the property in 2008. Some one has told me that the purchase of this proeperty is null and void . Please advise me this case.

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Raj Kumar Makkad (Expert) 21 December 2011
You shall have to go in the title deed of the seller. if the registration of the property sold to you is with math which is unregistered now then you sale can be got challenged at any time because not sold with proper procedure.

The title deed should be got verified from a legal person prior to forming a final opinion.

prabhakar singh (Expert) 22 December 2011
Maths were originated by Aadiguru shankaracharya.Mostly properties were endowed upon these Math either individually
or by grants of estates by government.The celibate disciple in charge of management of these properties were called Mahant who had full liberty and domain over the earnings from these properties.But legally the courts developed these Math to be a juristic personality being capable to own property in respect of which Mahants do not have right to sale or enter into even very long term leases.Hence Math properties can not be transferred by sale deed by any Mahant.
However in due course many Mahants having domain over the income from properties for which they were not accountable to any body created self properties in due course of time from saving of those earnings which in law were treated to be their personal property capable of disposal by sale.
The Bombay Trust Registration Act does not apply to Math properties and in past there has been conflict which has been settled by
citations of supreme court,that is why registration might have been cancelled.

It is not clear from your query that it is a Math property or Mahant property that you have bought.However from factum of registration it appears that it was a Math property. Further you have not mentioned of which sect the Math is?Because in later days many of the sects came into existence and adopted Math practice.

Any way if it is a math property then transfer is certainly illegal and void.It appears you failed to act for due diligence.
A suit of cancellation may be brought even by beneficiaries if Mahant has sold.
But claim of adverse possession is available against Math properties also.
Then keep mum now wait watch and see how things proceed.There are many buyers who have succeeded due to want of inaction on the part of public and why Mahant will proceed when he has cashed on.

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