charitable public trust
s.vinodhbabu@gmail.com
(Querist) 04 March 2011
This query is : Resolved
a trust objects charity, education and other reliefs for the public created in 1972 by a deed of declaration of trust registered as document in district registrar office in pondicherry. power of alienation of trust properties not defined. the founder later under her will bequeathed further properties to the trust and give power to sell only specific properties. the founder died long ago. in this situation what is the lawful procedure for sale of the properties by the trustee esspecially the properties other than permitted for sale by the founder. can a sole trustee alone execute the sale. that too through an agent. no details of other trustees, any resolution, minutes etc is given in the sale deed. it is learnt that the pondicherry collector another corrupt guy had issued permission for sale. how far is it valid before law.
Raj Kumar Makkad
(Expert) 04 March 2011
Charitable Trust properties cannot be sold without the necessity of trust, specific resolution passed by mandatory number of trustees, sanction obtained from Collector, specific power given to any trustee to get execute the sale-deed etc. As nothing like that has been done except a sanction hence the sale-deed is liable to be set aside on these grounds. Either of the trustees of any two public persons with the sanction of Court, can challenge such sale-deed within 3 years of date of knowledge.
H.M.Patnaik
(Expert) 05 March 2011
Rightly advised by Mr. Makkad .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 March 2011
The trust has to take permission from charity commissioner of area not collector.
Review before same authority and writ before HC against the order of sale by any person having locus standi.
