Ours is a society of Jain religion followers in the city of Dimapur (Nagaland) in north-east India. The society was formed in early 1950s, without any registration or legal paperwork. The society owns and operates a school, college, charitable hospital, marriage hall, temple etc. The society consists of 410 Jain families, who are members of the society. Out of these 410 families, 55 families settled in the early 1950s - who contributed to the purchase of properties, it's development and opening of the school and college. Rest of the families settled only after 1978, who now are in majority in the society. The new families are now ignoring the contribution of the initial 55 families and trying to play a dominant role.
The society was registered in January 2010. This was done in pursuance to notice of Income Tax department, following which society was duly registered in the state of Nagaland.
We now want to form a Religious and Charitable Trust of our society. As the society presently consists of 410 families, the issue is how to form the Trust / who will be the settlors / how many number of Trustees should be there / who will be the founder members / what should be the right of all the 410 families etc.
Request all members to provide your valuable inputs on:
1. Drafting of Trust deed / important points to be included.
2. What should be the number of Trustees and its traditional criterias
3. The role of around 55 families who settled in the early 1950s
4. How to protect the interest of initial 55 families keeping in view the interest and rights of new as well as old families.
5. Under the circumstances, as per the provisions of the Trust Act, who has got the right to be the Settlor / the founder members / Trustees etc.
6. What are the step-by-step legal procedures / formalities involved in formation of such a type of Trust (conversion from exisiting society to trust).
Regards,
Mahabir Jain
