Legal Question in Civil Litigation in India
We have formed a Trust, Mr. Raja (Chairman) and Mrs. Rani (Treasurer) are both members of the Trust and I am the Gen. Secy, for bank transaction I have been made the signatory.
We are a social and religious Trust. For building our community Hall we collected funds from the General Public and deposited into our Trust Account.
Mr. Raja and Mrs. Rani, transferred all the Trust Money to their Company's Bank Acct. without the prior approval of the Trust Board, and bought the land in the name of his company using his power as the chairman.
When we the Board members came to know about this and raised objection, he asked pardon and promised to transfer the land to the Trust, and made a notarized lease deed for 99 years with the Trust.
Therefore, trusting his words, we collected more funds from the church members and build a building worth Rs. 50,00,000/-.
Today, he claims the land to be his and does not permit us to use the said premises for our Trust activities.
Can we take a stay? Please reply
1 Answer from Attorneys
Dear Sir,
No trust properties can be made negotiable unless the consent given by their beneficiaries, if this is contravened, then put a civil suit aganist them accord to trust act 1882.
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