karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management)) 11 May 2011

URGENT Advise Request: Disputed Trust Property Occupation

This is about the Trust ABC it is charitable Trust in Gujarat situated In One of the City. It is Religious Trust of Hindu.

Now When the trust was started, it had no constituion however recently there has been dispute about the Hindu who reside under the jurisdiction of this trust regarding Worship Procedure that devided community in two part. there is 500 family where 475 is SIDE A and 25 remaining is SIDE B.

Both SIDE A and B believe in same God and also beneficiery of the said trust.

When trust was set up there was no such devision. it is just recent change. Several suit file in court and charity commissioner favor SIDE A as SIDE B rise unethical and unfair question.

New constituion is set in motion however there is a stay from high court on charity comm. decision however recently court said until they decide final judgement, the trust will work as it used to be since it has million dollar accounts so no risk is tolerable. so The trust is now managed by the set rule of SIDE A.

There are several property of trust in a same area where the trust serves its purpose and one of that is, 3 floor Building for the Monk and Woman Follower of Monk.

there was no division in trust property in SIDE A and B as it was used by SIDE AB. but since dispute arised, SIDE A allocated about 30% part of the 2nd floor to SIDE B Monk and their follower.

1st january, 2011, clash and internal religious riots take place in the trust area for the legal ownership, when i investigated i found it was typical woman to woman jealousy that led their man into ego centric fight.

anyhow, i see proper legal action is missing and SIDE A is correct legally but there is a problem. SIDE B MONK (Woman) occupied 2 & 3rd floor of that property and locked all the door.

now whomever belong to SIDE A unable to go and visit that part as it is locked and police have put security outside . I found police taking bried to take a SIDE of SIDE B however when i set up sting and able to take audio statement of PI for some matter, Police is no more restricting SIDE A to initiate to open a lock and broke Door to entre. SIDE A has maximum monk and follower compare to SIDE B so SIDE A may require more Place.

SIDE A fear if they try to open a lock, police may consider it offence. SIDE A is a Trust and 100% Trust of the trust favor decision taken by SIDE A. It is a property of TRUST. and Trust never alloted part of the property to any side but it was just for the SIDE AB with further clerification that side B shall given 30% space on 2nd floor since dispute arise.

Being A trust, spending complete expenditure and managing it, All the Trustee fear to be sent to jail if they try to open Lock Door. IT is obvious it is feeling like own home having locked by someone else, leaving us outside.

I have following question

1. what is the fast and easy procedure to open the lock?

2.SIDE A do not wish to get SIDE B Monk out but since they have increasing number of monk they wish to utilise space on 2nd floor (70%) for SIDE A monk, so how to entre into premises with proper protection?

3.Only woman allowed into that property but to break a lock there shall be a need of Man and what power does trustee hold in this matter?

4. what new rule could be pass for the security of SIDE A by the Trust of ABC TRUST?

5.What if police arresst or extort SIDE A when they take such step? how to present rights of SIDE A?

6. There is no pending case on the operational method of trust and there is no case on SIDE A or SIDE B Division in that hindu community.

7.Who is the right person to get the occupation of the proerty peacefully?

8. legal ways to receive cooperation?

9.police is trying to get title of disputed property from the collector however collector have not issues such notice. even in this matter, SIDE B have occupied full2 n 3 floor and locked the entrance from inside so no SIDE A may entre and they have politically set police outside so no one even dare to entre.

FEAR is most effective element SIDE B is using on SIDE A.

Your Advise and Suggestion welcome, I would also consider professional advise, revert me back if you have more accurate information or can advise me.

thanks and looking forward.

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2 Replies

Legal Eagle (Advocate) 11 May 2011

You have stated that the High COurt has passed orders that "New constituion is set in motion however there is a stay from high court on charity comm. decision however recently court said until they decide final judgement, the trust will work as it used to be since it has million dollar accounts so no risk is tolerable. so The trust is now managed by the set rule of SIDE A." Correct me if I'm wrong. Read the existing rules and powers of the Trustees, if there is no such power and the new rules have such power take appropriate steps by asking the HC to give the Trustees ad interim powers. The only legal course is through litigation. You have two options, 1. to ask your advocate to file necessary pleading in the pending suit / petition for get ad interim orders against the said eviction; 2. File an FIR with the police giving the certified copy of the order passed by the High COurt and take police protection in taking physical possession.

Hope this will be of help.

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karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management)) 14 May 2011

Trustee have powers to do for their best for the welfare of the beneficiery, probably purpose of the trust.

It is also a matter that so far no counrt have interefer as my client have not rise matter in the court of law instead if they take physical possession i believe it will prevent them wasting time in legal procedure.

Which copy shall we ask to police when court have not so far said that the said part of property is own by a person who have occupied it? as that part is a property of trust.

And trust have right to use it for the purpose they have mention in the deed of trust.

as they have locked inside, trustee have to unlock it ot break the lock in this event what legal implication shall be considerd?

only allowed member entre to that property is woman or woman monk or whomever trustee decide within their power,

there is possibility that whomever have iligally occupied that place may react violently and end up lodging FIR but in this situation that party have no evidence that they are either the memner of trust or the property belong to them.

what is a good plan that can be executed.