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RAMESH KISANI (Managing Director)     05 April 2016

Permission of charity commissioner required or not

ABC Charitable Trust was original owner of a land in Mumbai. Trust’s name still appears in 6/12 and 7/12 extracts. Mr. X was holding physical possession of the Land since 1972 and therefore claiming ownership under law of adverse possession. In 2007 Trust tried to sell the Land through Auction, subject to approval of Charity Commissioner. Mr. X filed Suit in HC against Trust and obtained Order to maintain SATUS QUO. Trust cancelled Auction. Suit is pending in HC.

Now, if Trust settles dispute of title with Mr. X and both files Consent Terms in HC for execution of Sale / Conveyance Deed by Trust in favor of M. X against valuable consideration, and if HC approves the Consent Terms Suit is withdrawn by Mr. X, will it still be necessary for Trust / Mr. X to obtain permission from Charity Commissioner for such Sale / Purchase transaction?   

 



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 2 Replies

Adv. Yogen Kakade (+ 91 9225510883)     05 April 2016

Even about the compromise the trust needs to inform the charity commissioner as there is revenue involved in this transaction.

 

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in   Call: 020-65248888


(Guest)

Charity commissioners permission is required to do any transcation on Public Trust property.

You can not do directly and then inform . First you require all permssion and then you can take steps. So although thier may be understanding between parties involved still they have to move necessary application under Maharashtra Public Trust Act. And get permsission. Now it seems High Court to is involved and have ordered Status Quo , in that case Charity commissioner may ask for High Court permission. So in Simple language you now need to take permission from both, 

Since documents not checked I feel their can be some error in ans. query. Ask your Advocate only who has paper 

 


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