Himanshu Shukla (Lawyer) 28 May 2014

Permission to sell public trust property ....

Public trust registered in lucknow (Utter pradesh) having immovable property located in lucknow itself, wants to sell immovable property for constructing old age home and educational centre in madhya pradesh. Trust deed stipulates the power to trustee to sell the property and each trustee has acceptance in selling abovementioned property.

Please let me know

1. whether prior permission of any authority or court is necessary, prior to selling abovementioned immovable property. If yes then whose? under which relevant provision/section/act?

2. Whether there is any legal hurdle in selling property of trust located in uttar pradesh then investing it in another state madhya pradesh for welfare of public?

Please reply as early as possible in details.

Thanks

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 30 May 2014

You may read the provisions of sections 34 to 39of the Indian Trust Act, 1882, which defines the clarification in detail and see if the same satisfies your query, or you can come back with your doubts on it.

Himanshu Shukla (Lawyer) 31 May 2014

Thanks.

I have gone through those sections especially s. 37 and 38. Actually S.37 and 38 gives power to trustee to sell the property of trust, but in uttar pradesh their is any local law ( may be Uttar Pradesh Charitable Endowments (Extension of Powers) Act, 1950) which stipulate that prior permission of charity commissioner is necessary before selling any immovable property of any trust.

I want to know whether prior permission of any authority (charity commissioner or district judge) is necessary before selling any trust property or trustee without any permission can sell trust property in uttar pradesh.