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Lovely M   26 March 2021

Trust property of tamilnadu.

Does trust need to seek court permission to mortgage its property with any bank or financial institution. Since there is no charity commissioner in chennai or TN.


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 5 Replies

SHIVEK J.   26 March 2021

Greetings,

In lieu with your query, it is to be noted that prior permission is required from the commissioner before acting on any immovable property.

A similar query had creeped up earlier. Please follow the below mentioned link and go through the thread. It would certainly be of great assistance to you.

CHARITABLE TRUST (lawyersclubindia.com)

Hope this helps.

Regards

 

Sudhakar Pise   26 March 2021

Yes the court permission in lieu of permission from charity commissioner for mortgage of a property of trust is required.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 March 2021

1. There is no requirement for any permission from any Authority /Court for "mortgaging" property. However, IF the Trust wishes to "sell" the property, THEN apply for sale permission in the local Civil Court.

2. Pass proper Notice-Agenda-Resolution of all the Board of Trustees and proceed.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

1 Like

P. Venu (Advocate)     26 March 2021

What is the nature of the trust? How is it registered?

Dr J C Vashista (Advocate)     28 March 2021

I agree with expert advise of Mr. Hemant Agarwal.

No such permission is required. 


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