Acquisition of land outside the state by public trust
virendra V. Topkar
(Querist) 03 May 2014
This query is : Resolved
can public trust acquire land outside the state in which public trust is registered?
is there any provision in trust act like company in which action done by promoters is ratified by company after registration of company , i.e. property acquired in the name of trust before its registration with commissioner
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
The trust may proceed if the bye-laws permit or there is a resolution to that effect.
M V Gupta
(Expert) 08 May 2014
Powers of the trust are strictly governed by the provisions of the Trust Deed. Hence check the same before acquiring property in question. Non registration of the Trust may not be any objection for the acquisition of the property or any other asset. (In fact while applying for registration u have to declare the assets in possession of the Trust)
dr g balakrishnan
(Expert) 11 May 2014
charity commissioners grants of a state cannot affect the rights of other state charity commissioners, so my view power of trust to acquire under the terms of trust is without sensible authority of the public trust, as charity trusts have to be reasonably ethical and not some clever manipulations that is the public policy of any trust Act!, is my view!
so other state charity commissioner could move against the trust in its jurisdictional high court under judicial review, even if there is a clause in the
agreement in the trust deed! is my view
No one can eclipse the right of another eminent domain!
M V Gupta
(Expert) 11 May 2014
Expert Balakrihnan may pl clarify how and under what provision of law the charity commisioner of the other state can move against the Trust if the Trust deed and its aims allow the acquisition of property outside the State.
