Leased mortgage of trust properties before rebuilding
Tarunendranath Banerjee
(Querist) 12 September 2014
This query is : Resolved
Dear Sir/Madam,
Wish you a good day.
The question is whether a dilapidated premises needing rebuilding under Charitable Religious Trust Deed irrevocable could be taken up for rebuilding under leased mortgage basis.The property is situated in Kolkata metropolitan City in a very important area under Kolkata Municipal Corporation jurisdiction.
Look forward to your considered opinion.
Thanks and regards.
Sincerely,
(T.N.Banerjee),Trustee of the Religious Charitable TrustFriday,September 12,2014
Devajyoti Barman
(Expert) 12 September 2014
Please clarify who is the mortgagor and who is the mortgagee and the tenure and terms of mortgage.
In general circumstances the religious trusts need permission of court for rebuilding In KMC area.
ajay sethi
(Expert) 13 September 2014
answer queries raised by MR barman
Rajendra K Goyal
(Expert) 13 September 2014
A no. of basic information is missing in the query, consult a local lawyer and show him all the documents.
Raj Kumar Makkad
(Expert) 16 September 2014
There is no legal hurdle to execute the proposal who so ever may be the mortgagor if the bye-laws of trust do permit.
T. Kalaiselvan, Advocate
(Expert) 20 September 2014
You may visit the bye-laws of the trust in which the provisions will be clearly mentioned or else answer expert Mr.Barman's queries for proper opinion.
Tarunendranath Banerjee
(Querist) 20 September 2014
Dear Mr. Barman,
Wish you a good day.My reply is sent to your personal mailID: "devajyoti_barman@yahoo.co.in" The reply is placed under:-
QUOTE
Wish you a very good morning and
Thanks for your query in reply to my question as under through Lawyer's Forum:
My question:
“Dear Sir/Madam,
Wish you a good day.
The question is whether a dilapidated premises needing rebuilding under Charitable Religious Trust Deed irrevocable could be taken up for rebuilding under leased mortgage basis. The property is situated in Kolkata metropolitan City in a very important area under Kolkata Municipal Corporation jurisdiction.
Look forward to your considered opinion.
Thanks and regards.
Sincerely,
(T.N.Banerjee),Trustee of the Religious Charitable TrustFriday,September 12,2014 “
Your query on above question:
“Please clarify who is the mortgagor and who are the mortgagee and the tenure and terms of mortgage.
In general circumstances the religious trusts need permission of court for rebuilding In KMC area.”
In reference to above question your query is who is the Mortgager? Answer: The Trust represented by its Authorized Person. He would be the Mortgager on behalf of the Trust
Again your query is who are the Mortgagees? Answer: The premises currently is four storied with four flats and four tenants. After demolition of the premises and rebuilding as per existing new Building Rules of Kolkata Municipal Corporation the premises would be six storied plus ground with more covered area with total independent flats twelve in number and ground for the Parking area. The Mortgagees would be the tenants, if they agree and other interested persons to be selected by advertisement through newspaper inviting for prospective individuals/Institutions who are eligible to pay the amount for the leased mortgaged flats.
About the tenure, the period would be minimum Twenty years.And terms would be repayment of the Mortgaged amount in full without interest after Twenty years since interest would be adjusted against the rent of the mortgaged Flat.
Hope it is clear and could you advise us the sequence of actions to be undertaken to commence this job of rebuilding the Trust premises for the purpose as stated above?And your Charges for this services till the completion of the entire exercise.
Thank you in advance.
Regards.
Sincerely,
UNQUOTE
Thanks and regards.
T.N.Banerjee,Saturday,September 20, 2014
Raj Kumar Makkad
(Expert) 21 September 2014
It shall be better to make personal message to Barman for the purpose of finalizing his fee as this common place is not accurate for that purpose.
Tarunendranath Banerjee
(Querist) 25 September 2014
Dear Expert raj kumar makkad,
Your comment is not correct.There should be transparency in financial transactions.Why secrecy/What for?
Regards.
(T.N.Banerjee)Trustee,J.N.banerjee Trust Estate.
Advocate. Arunagiri
(Expert) 25 September 2014
Dear Author,
You may discuss about legal issues, as rightly pointed out by Mr.Rajkumar Makkad. Regarding the personal transactions / fee payable, you have to treat this confidential and can contact Mr.Barman through his personal email ID.
Please do not publicly discuss about the fees.
Tarunendranath Banerjee
(Querist) 26 September 2014
Dear Expert Advocate Arunagiri,
Wish you a very good morning.
This confidential issue of the Fees of a Lawyer is not acceptable.Even the Expert in Medical field disclose their Fee at the Entrance of their Chamber.Why it would be different for Expert in Laws?
Hope it is clear.
Regards.
(T.N.Banerjee),Trustee,J.N.Banerjee Trust Estate.Friday,September 26, 2014.
