Can tenant claim on temple's trust property

Mandar Desai (Querist) 19 January 2022 This query is : Resolved
Dear Sir
We are staying in temple's trust building in mumbai. The room is named of of Uncle, now he passed away in 2020. I am a nephew , i request to trustee to transfer the room on my name or his brother's name. But trustee is not agree to do the same. They are saying if he has no nominee , then you have to surrender the room. We are paying rent regularly and electricity also paying by us.

Can we claim on that room pl advice

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A nephew is seeking to transfer a room occupied by his late uncle, which is part of a Mumbai temple's trust property. The trustees are refusing the transfer, stating the room must be surrendered as there was no nominee. The family has been paying rent and electricity, and the room was previously transferred to the uncle's name after the grandfather's death. Legal advice is sought regarding potential claims and the terms of the trust.

kavksatyanarayana (Expert) 19 January 2022
What are the terms and conditions of the Trust? Is the trust deed registered? Who is the Settlor/Founder and how many trustees are there? Without going through all these things, cannot form an opinion.

Advocate Bhartesh goyal (Expert) 20 January 2022
Neither you are nominee nor l.r of your deceased uncle ( tenant ) so you are not entitled to get transferred room your name.

Mandar Desai (Querist) 20 January 2022
Respected All,

In this case there is no any agreement between Trustee & us (we are tenant). Few year ago my grandfather starting to live in that chawl. (Kalbhirav Mandir trust Mumbai). After my grandfather's death . That room came to name of my uncle. at that time trustee transferred the room. My uncle passes away in 2020. He was bachelor. So we requested to trustee to transfer that room on my name (I am newphew) or My father's name but trustee refuses to transfer on my father's name also. Now trustee refuses to take pending rent. (Due to covid condition we could not pay a rent from last one year.)
Kindly advice for the same

kavksatyanarayana (Expert) 20 January 2022
How did the trustee transfer the name to your uncle i.e. by way of a sale deed? Who is the Author/Founder and Managing Trustee of the Trust?

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