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Rithika   25 May 2017

To form an association / trust

Dear All

I Need to have a clarity on whether to form an association or a trust deed in the following situation:

Here is a case where the temple has been constructed on a Corporation land/on the road way back in 1965. The family who originally constructed the temple are not maintaining it and they are looting in the money for their benefits.  So the people in the locality wants to start and organisation to protect the interest of the temple and maintain it.  What would be best for this scenario, a trust (I doubt whether trust can be formed) or a association.  And under which Act can it be registered.  

TIA. 



Learning

 3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 May 2017

In which State and in which place is this?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 May 2017

Trust is to be formulated. and get registered under the trust act in your state. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 May 2017

Things are not that easy. The temple has been built on Corporation land. It is plain encroachment and must be removed. Anyone who wants to look after the temple and seeks Government permission, has to establish one's locus standii. Suppose there are conflicting claims? In States like Maharashtra, societies registered under the Societies Registration Act have to be compulsorily registered under the Public Trust Act also. Of course if a party goes to the Charity Commissioner with documents for registration they will perfunctorily register without looking into legal ownership of the land. Later if an encroachment prevention officer of the Corporation tries to pull down the temple there will be riots and the opposition political party will try to make capital out of it. That is the pathetic situation in our country. In the name of God you can do any fraud. If you form a trust, first approach the Corporation and try to get legal ownership of the land. If it could not be obtained, go to another place, purchase land and build your temple there. Encroachment on public property is not service to God. If the temple is neglected let it die. Remove your God [idol] to some other place.

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