Law of limitation

ajay kumar sarawogi (Querist) 06 January 2014 This query is : Resolved
A trust was created in 1901 where in settlor
prescribed in trust instrument full objectives of trust with full details for becoming trustees, functions etc.There was no
amendment clause in the trust instrument.

In year 1975 a supplementary trust deed was made without the consent of court, where by
50 percent objectives of trust was changed against the wishes of the settlor.

Again in year 2011 another supplementary deed of trust was made without the consent
of court, where by balance 50 percent objectives of trust was changed against the
wishes of the settlor.

Can both this supplementary trust deed be
challenged in Court, or limitation Act is
applicable.

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Devajyoti Barman (Expert) 06 January 2014
Both the supplementary deeds can be challenged.

Rajendra K Goyal (Expert) 07 January 2014
In the given facts it can be challenged. However full documents need to be seen. Contact a local lawyer.

R.K Nanda (Expert) 07 January 2014
YES,THEY CAN BE CHALLENGED.

T. Kalaiselvan, Advocate (Expert) 11 January 2014
The facts leading to the circumstances of subsequent deeds are to be seen as well as the recitals of the original trust deed to be ascertained, the limitations act is not applicable.

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