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Legal Eagle   08 September 2009 at 10:44

Bombay Public Trust Act

Hi. As most of the people are aware that in Mumbai a Charitable Trust is governed under the Bombay Public Trusts Act,1950. As such any change is to be reported in the office of the Charity Commissioner.

My query is once a change report relating to an appointment of a Trustee filed in the office of the Charity Commissioner, is to be considered as accepted. This is so as there have been instances over there that the said change reports are not brought for hearing for years. In such a situation, what is the locus standi of that Trustee. Can he sign the necessary documents of the Trust as an Trustee.

If such Trustee is not a deemed Trustee till the acceptance of the Change Report, then what should be done.

Kindly advice, as mostly this question is arisen in the Charity Commissioner's office.

Thanks in advance.riven

dushyant saini   07 September 2009 at 21:17

send legal performa

sir,can you send me a performa of "suit for parmanent and mandatory injunction and damages"


riven

K R Mahesh   07 September 2009 at 15:01

partition suit

Sir
A is the father of my friend. He died in the year 1982leaving behind his wife ,
4 sons and 2 daughters
A executed a Regd Will in 1978 in favour of his Four sons subject to condition that the Four sons can take property only after the demise of his wife.
A's wife died in the year 2000. After her demise the four sons mutuated his property in their name and enjoying the same all these years.
Now in 2008, the two daughters have filed a partition suit in Trivandrum wherethe property is situated alleging that the registered will was not executed by A, hence they are entitiled for equal share in all the properties of A. They also obtained injuction against the 4 sons from enjoying and developing the property.

My queries are

whether they can file a suitafter nearly 30 years and challenging the Regd Will?
Whether the suit is filed within the limitaition period

In this case how a regd Will can be proved in the absence of survival of person who were cited as witness.

Can you provide me citations to defeat the suit.
Thank you

K R Maheshriven

abhijit   07 September 2009 at 11:15

stamp act

in maharashtra -
Bombay stamp act is applicable or Indian stamp act ? Why?
what is the stamp duty for rent agreement for a house for 11 months @ Rs 5,000/-per month?

thanks.





riven

arpita shah   06 September 2009 at 21:11

Documents required to be submitted to charity commissioner

Respected members,

Looking forward to form a charitable trust. Can u plz let me now, how to start for it, like application to be made for registration, where to submit the documents and wot documments are essential to be submitted for formation of a charitable trust, how many people etc.
I shall be very thankful to u as am seriously intersted in starting a charitable trust.

Thankin u!

Yours sincerly,

Arpita Shah

Sachin Bhatia   06 September 2009 at 20:48

Judgment Required

What remedy is available for a person, against the 25 days delay in the delivery of speed post, in which a bank draft was sent for the treatment of a relative who was died because of the delay by the postal department. while there is exemption for the post office in sec 6 of THE INDIAN POST OFFICE ACT. is there any reference case...

Jibanananda Goswami   06 September 2009 at 20:14

Society Registration Act 1860

If the Chairman is not willing to call the general meeting even the time limit is crossed and due to this delay, the financial status of the society forces it to suspend the activities then what can the Board of Management do? Is there any process to call the meeting before 16.09.09? otherwise the society will be finished.

Most of the members are willing for meeting but Chairman is not calling it for his interest

akash jain   06 September 2009 at 17:08

a valuable adviced seeked

I have purchased a residential property near about 30 yrs back.We got the sale deed Registered through the power of attorney holder of the seller.
The property is muted by us in Muncipal records from then and we are staying there peacefully till now and paying all dues etc in our name as owner.
Recently the owner,3 years back ,after knowing that we lost the copy of power of attorney of seller,refused the registry and given ground that he left the place at the of Registry,and he never sold the property to us.
The registered deed of sale contains Income Tax permission under Section 230A[1],of I.T .Act 1961,which was signed by the original parties and is attached in the Registry.The I.T. permission was from the other State,where the seller was filling Income Tax returns and having their Head Office.
Now,can I call the Income Tax Dept of that State from where the order was issued to Seller,for witness in Civil Court,where I filled Title deed suit against the Seller.The said Order or Permission Order U/S 230A[1] of I.T Act,1961 ,was taken before 30 yrs by the seller.
-what is the process to call them?
-IS Civil Court of one State is having Rights to Call for witness from some another state of India,Or we have to go there,to that State,with my Lawyer,Oath Commissioner,appointed by Court for taking the statement Income Tax Dept of that State?
-Can I will get reply from that Dept. ,after 30 yrs about its verification of that order?
-Can I take use of Right to Information Act,and get some useful reply from that Dept. and avoid going their,so long and incurring so much expenses?
-If I can take use of Right to Information Act,what I must ask to them and for expenses ,what and in which Form I have to send money for getting information from I.T Dept.?
_ I.T Dept may refuse to give reply,as the document and information needed by me is of more than 30 yrs old,so what may be appropriate way to ask them ,so as to get reply required for purpose?
What else help and valuable opinion of yours can be received to me in such a matter?
What was the clauses of Section 230A[1],of I.T .Act 1961 and what was the process in Year 1978 to get the Permission under that section of I.T Act,1961?
Please help me and oblidged.
Thanking You sirs,
Akash Maheshwari

akash jain   06 September 2009 at 16:56

Limitation period

Sir,

please let me know,what is time limitation to file or challenge in civil court or file a criminal case ,if a person find or came to his knowledge that his property is sold without his knowledge and property is resold to third party?
we want to know,because we purchased property 30 years back, and are paying all dues etc in muncipal dept and electricity dept as owner of property ,since from its purchase i.e from last 30 years and are staying there only from that time.It is a residential property.We sold a part of the same property atleast 10 year back and is in knowledge of our original seller.
But know he is refusing the original registry in the civil court ,where we filed title deed case against them.
Please let me know the limitation period to challenge any Registered document ?
can anyone can challenge anytime,even after 30 Yrs of sale Registered Agreement and resale to third party 10 years back?
please suggest your valuable opinion and obliged.
akash maheshwari

Mohamed Ali   06 September 2009 at 15:15

Tennancy..

Dear all

our partition suit is decreed in 1960 in name of 10 decree holders,The suit is still pending in final decree proceedings, It has revenue lands in many survey numbers all types of lands like wet lands dry lands etc.

Meanwhile around 4 acres land in two survey numbers has been given on Bhogim(lease) to one farmer by one of the decree holder with out knowledge of other 9 decree holders during pendency of suit, this land has went into tennancy as per tennancy act of 1974, But the tennant who was ploughing the land died and he has no heirs, now his brothers children claiming to be tennants and also has filed an objection in pending final decree proceedings that they are the tennants and also they have thru some wrong means have made some papers to show as tennants.

My questions

1)whether land can go in tenancy even though that land is a part of pending civil proceedings which is decreed in year 1960. whether tenancy holds good if suit is pending for that land and it has been given on lease only by one of the decree holder with out knowledge of other decree holders during pendency of suit.

2) if the original tennant dies with no heirs, than that land will be of orginal land owners who were there prior tenancy.