Converting of public charity trust property for commercial purpose.

Asha Patwa (Querist) 04 April 2013 This query is : Resolved
Can Trustees of a Public Charity trust convert the trust property for commercial activities like shops/ shopping malls/shopping center ? Where someone can complain for the same? what are the basic trust laws in india ? What is the role/jurisdiction of the charity commissioner ?

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Raj Kumar Makkad (Expert) 04 April 2013
Trust property cannot be utilized other than the aim and obtained inserted in the bye-laws of Trust and if trusees are violating it then any two persons having public interest with the permission of the court can challenge their act under section 91 of CPC apart from making complaint to the charity Commissioner.

Sudhir Kumar, Advocate (Expert) 05 April 2013
please see trust deed and its objectives whether such action is permitted.

Devajyoti Barman (Expert) 05 April 2013
Yes it can be if the settlor so wished through the Trust Deed.
Without seeing the trust deed , it can not be commented.