venkatesh (MG.PARTNER) 04 March 2015

Public charitable trust property

DEAR SIR.,

OUR PARENTS HAVE PURCHASED A PROPERTY IN CHENNAI/TAMIL NADU, BEFORE 37 YEARS FROM AN PUBLIC CHARITABLE TRUST AS AN OUTRIGHT PURCHASE UNDER SALE DEED, DUE TO SOME SITUATION WE ARE PLANNING TO SELL THE SAME. NOW THE NEW BUYER REQUESTED WHETHER WE HAVE OBTAINED ANY COURT PERMISSION WHILE BUYING THIS PROPERTY FROM THE TRUST.

( WE HAVE NOT OBTAINED ANY COURT PERMISSION DURING THAT PERIOD ).

QUESTION IS

A) IS IT COMPULSORY TO GET COURT PERMISSION TO BUY AN PROPERTY FROM PUBLIC CHARITABLE TRUST ?

B) IF SO, WHAT IS THE REMEDY FOR THIS AFTER 37 YEARS.

THANKING YOU

Reply Follow

3 Replies

Subash M R (Advocate) 04 March 2015

No trustee and no person,who has recently ceased to be a trustee,can without the permission of a principal civil court of original jurisdiction buy or become mortgagee or lessee of the trust property or any part thereof,and such permission is not given unless the proposed purchase,mortgage or lease is manifestly for the advantages of the beneficiary.

Thanking you,

venkatesh (MG.PARTNER) 04 March 2015

Dear Mr.Subash

Thanks for your reply, Could you please expand the reply, We are on possession of this property more than 35 years after purchasing from the Public Charitable trust. Now we are planning to resell the same to an New Buyer. In this scenario, how should we proceed ? kindly advs

rgds

Venkatesh n