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Q. Gift from a Charitable Trust to Another

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Anonymous

posted 6 months ago

Q.Gift from a Charitable Trust to Another
Dear Sir,
Can a Charitable Trust give the land (which it has got on lease from government) to another Charitable Trust as a "gift"?

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 6 months ago

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A. ) Dear Client,
No , a trust property is created for the purpose of the benefit of another person or an institution and its ownership cannot be transferred by any means unless clearly stated in the agreement.
Thanks.

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Anonymous

Replied 6 months ago

Thank you very much Madam for your quick answer. It really made the matter very clear. I have a follow-up question as follows:

Can a Charitable Trust give the structure (building made of cement, steel etc.) built on land taken on lease from government to another Charitable Trust as a gift?

Thank you so much Madam.

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Sayaree Ganguly

Experience: 2 Year(s)

Replied 6 months ago

Dear Client,
No, a trust property cannot be transferred.
Thanks.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
There will be conditions by the Government which were imposed at the time of releasing the property as such it cannot be gifted.

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Anonymous

Replied 6 months ago

Thank you very much Sir for your quick answer. It really made the matter very clear. I have a follow-up question as follows:

Can a Charitable Trust give the structure (building made of cement, steel etc.) built on land taken on lease from government to another Charitable Trust as a gift?

Thank you so much Sir.

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Anonymous

Replied 6 months ago

Dear Sir,
I could not yet receive your kind response on the above question. Your response is highly valuable and is eagerly awaited.

Thank you very much Sir

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Shreyash Mohta

Experience: 1 Year(s)

Responded 6 months ago

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A. ) Sir, a charitable trust cannot gift a land which is has got on lease from the govt to any other charitable trust because

1. It is a lease property where the trust does not have absolute rights
2. The original owner of the property of such property is the govt
3. The govt has given such property on lease to a charitable trust for certain purpose
4. The charitable trust cannot give that property to any other charitable trust unless and until anything of that sort is specified in the agreement.

Thanks
Shreyash Mohta

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Anonymous

Replied 6 months ago

Thank you very much Sir for your quick answer. It really made the matter very clear. I have a follow-up question as follows:

Can a Charitable Trust give the structure (building made of cement, steel etc.) built on land taken on lease from government to another Charitable Trust as a gift?

Thank you so much Sir.

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Shreyash Mohta

Experience: 1 Year(s)

Replied 6 months ago

No sir, The answer remains the same as above and the above terms and conditions will be applied in similar fashion.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
The answer is NO.
But, there is a possibility if there is written something on the Trust DEED and LEASE DEED/Agreement with the Government.But, the chances are remote.
Shanti Ranjan Behera
Advocate

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Anonymous

Replied 6 months ago

Thank you very much Sir for your quick answer. It really the matter very clear. I have a follow-up question as follows:

Can a Charitable Trust give the structure (building made of cement, steel etc.) built on land taken on lease from government to another Charitable Trust as a gift?

Thank you so much Sir.

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Anonymous

Replied 6 months ago

Dear Sir,
I could not yet receive your kind response on the above question. Your response is highly valuable and is eagerly awaited.

Thank you very much Sir

Reply is Required

Reply should be less than 4294967295 characters.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 6 months ago

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A. ) No .

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Anonymous

Replied 6 months ago

Thank you very much Sir for your quick answer. It really the matter very clear. I have a follow-up question as follows:

Can a Charitable Trust give the structure (building made of cement, steel etc.) built on land taken on lease from government to another Charitable Trust as a gift?

Thank you so much Sir.

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 6 months ago

No sir there must be taken permission from charity commissioner permission before it or resolution must be pass for it

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