Property of Trust re - run a Public charitable trust Property of Trust re - run a Public charitable trust

1 year ago

Respected lawyers, We run a Public charitable trust registered under Mumbai Public Trust Act, 1950 and having two properties in the name of trust. Both the properties were received via registered will and as per wish of founder trusty after his sad demise. Now one of the member of trusty board insisting us to transfer/donate one of the property to close relative of founder trusty because founder's relative being poor and blood related. My question is that ---- (1) Being trusty members of Public charitable trust, are we eligible to pass such resolution to transfer/donate such propert in the name of close relative of founder trusty? (2) If we pass such resolution is it necessary to take approval of charity commissioner? (3) Will charity commissioner approve such resolution or reject it? (4) Is there any other source to make this transaction legal? Kindly guide us. Thanking you.

Anik

Responded 1 year ago

View All Answers
A.Dear client,
You cannot just transfer such properties of public charitable trust to someone. The trustees can sell the property (if it is provided in the trust deed) but the permission of the Charity Commissioner is necessary without which the sale cannot be completed and the sale deed would not be registered. It depends upon the facts and circumstances and your intention behind the act, upon this, the commissioner will decide.
You will definitely have to have to take permission and pass a resolution from all other trustees before acting upon it.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconIndian Trust Act
Dear Client, A trustee cannot delegate his office or any of his duties either to a co-trustee or to a stranger, unless (a) the instrument of trust so provides, or (b) the delegation is in the regular...
question iconCommon space
Dear Client, Any open space or open terrace in a multistoried building is considered a common area and a flat owner is not permitted or allowed to use or occupy it for his/her personal use. So, societ...
question iconRoshni Welfare Association
Dear Client, A Certificate of Registration once granted to a Housing Society or Association under the State-specific Act does not require renewal and it remains valid until it is dissolved either by a...
question iconSold car
Dear Sir, If RTO records are not changed then cancel the registration in the name of subsequent purchaser.
question iconTemple trust
Dear Client, To maintain control over the important decision-making aspects related to the temple rituals and other matters within your family's hands, it's advisable to establish clear guidelines and...