aided school case

Querist : Anonymous (Querist) 19 October 2010 This query is : Resolved
A private aided school in tamil nadu(minority institution, malayalam) was running by its owner being father of eight children. In 1973 he made up a WILL stating that after his death his brother will have the role of Manager of the School till his death and after the death of both his eight children shall form a Trust and manage the School.
But unfortunately after the death of the founder of the school, his brother came into play and during his tenure he changed the WILL according to his wishes and made up to one of founders son the power to manage till his death also. The brother died in 1993
Because of that even after the death of both the founder and his brother, the School is run by one person instead of all such eight children by forming a trust.
case filed only belatedly after 17 years in 2009.
Now we want to know the legal remedy that may happen.
whether we shall succeed. How many years it will take
Still the one man who is the son of the founder , running the school based on the illegal WILL made by the brother of the founder of the school.
Out of the eight children four formed one group and the other formed other group including the present manager son.
Can We obtain injunction from court.
Please guide us what to be done to further stop the manager in atleast restraining him from appointing teachers and staff to the School till the disposal of the suit questioning his power to act as Manager and Correspondent.

thanks
ajith kumar
chartered accountant

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Raj Kumar Makkad (Expert) 19 October 2010
You may go to court seeking execution of original will of your father and may further seek the remedy as you mentioned in thr query. If your brother brings subsequent will then challenge it on various grounds in replication.

aman kumar (Expert) 19 October 2010
agree

s.subramanian (Expert) 20 October 2010
You can file a suit for injunction in addition to seeking the relief of appointment of a receiver for administration.