Ownership of rented property

mahesh verma (Querist) 28 December 2020 This query is : Resolved
sir

We have one house which was rented to Mr A. the property was in the name of ABC Trust.
The trustee issued rent receipt to Mr A. All the trustee of ABC Trust has expired. some member of society
registered another trust in the name of XYZ Trust. XYZ trustee filed suit in the court for eviction of Mr A.
Mr A (tenant) submitted the receipt issued by ABC TRust. The court rejected the suit.
The XYZ Trust wish to get the house vacate .Please give your opinion what step may be taken
to get Mr A evict from the house.

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Quick Summary

A tenant is occupying a rented property owned by the ABC Trust, whose trustees have all expired. A new trust, XYZ Trust, has filed an eviction suit, but it was rejected because the trusts are distinct entities. The XYZ Trust cannot evict the tenant without establishing a legal connection to the original ABC Trust or the property. Legal advice suggests filing a declaration and injunction case, or vacating the property if the new trust cannot secure the tenant's continued tenancy.

Isaac Gabriel (Expert) 28 December 2020
In the given citcumstaces, you have to file case for declaration and injunction.consult a lawyer.

kavksatyanarayana (Expert) 28 December 2020
The two trusts are different. so the court rejected the case. You have to request the present trustees of the present XYZ trust to continue in the same house for rent. If they do not agree, you have to vacate the house.

Advocate Bhartesh goyal (Expert) 29 December 2020
The xyz trust can not initiate eviction proceedings on A as neither zyz is landlord of tenant A nor owner of property.Until and unless ABC trust does not merge in XYZ trust.

kavksatyanarayana (Expert) 29 December 2020
I opine, all the trustees of ABC trust are expired. So they cannot merge into other trusts. So the XYZ trust is a different trust. If it is merged with ABC trust, the court permission is a must as the trustees of ABC trust are died.
So you have to vacate the house if the present trust does not agree.

Rajendra K Goyal (Expert) 29 December 2020
Case of eviction from Trust XYZ has been dismissed as mentioned by you. Refer the trust deed of ABC trust how to proceed in such conditions?

Rajendra K Goyal (Expert) 12 January 2021
Repeated at:

https://www.lawyersclubindia.com/experts/merger-of-one-trust-to-another-trust-727676.asp

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