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selvamayyavunarayanan (Deputy Manager- Legal)     22 February 2010

Indian Trust Act.

Hello,

Good Morning,

A Trust has been created by Will, all the landed immovable property have been vested to one Individual -as a Lessee of the Property and a Hindu IDOL -as a beneficiary, the property shall be taken care/ hold by the LESSEE upto his life time, the income derived from the lands has to be spent to the Hindu IDOL ( for doing poojas, Mandagapadiees, Chitra Festivals functions and other Important festivels), the accounts shall be submitted to the TRUSTEE, who is living in another district. There are some Immovable House properties also, the rent shall also realised and it shall be spent for the above said festivels. The Lessee's legal heirs shall not have any right over the property after LESSEE'S DEMISE as per Will. But the immovable landed properties are held by legal heirs after the demise of the Lessee continuously for 25 years. All festivels are taken care by them and they are sending accouts to the Trustee every year. The current trustee is a Gvernment Servent, who is not taking care of the Deity and selling the trust lands against the WILL. The Current LESSEE'S legal heirs holdings, interest were not taken care by the Trustee. The Trustee is trying to wind up the Trust. The Trust Houses are being sold alongwith lands to wind the TRUST and its intentions. There is no public activities. Publics are not involved. Dharmams( prasathams) are being made to the worshipers during the festivels.  

         Shall the LESSEE' legal heirs, prevent the unscrupulous act of TRUSTEE by court of law ? if so under what ground?   Under what capacity ?.

      can he prevent further sale of the property by Police complaint alone/ before HR& CE.  

      SINCE all the landed property is held by the iNDIVIDUAL for Hindu deity , whether  can he claim the right of  Beneficiary of the Trust lands and to continue the TRUST by the LEGAL HEIRS.  

     what will be the right action to protect the TRUST from the Derelicted Trustee. ( A Government Servent) 

    Whether a Government servent COULD be a TRUSTEE for PRIVATE TRUSTEE.  

   What are the other rights available to protect the TRUST ?



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