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aadi   11 September 2024

Ngo activities on ancestral property

My father has two sisters. We have a small ancestral property in our village which my grandparents often told my father (karta) and his sisters that it should be kept intact and should be for public good.

I have an NGO and in 2019, my father and I (representing the NGO) entered into a lease agreement to implement education activities. Due to Covid, we were not able to start activities and we started receiving donation only in 2023.

In 2022, my father's sisters filed a partition suit in taluk court and obtained preliminary decree in 2023. In January 2024 my father filed appeal in filed in district court.

In 2023 after we received some donation we started scholarships. Now we want to set up a library in that property as it will be years till a final decree is passed. Will my father or I get in any sort of trouble if we start a library for schoolchildren? Please note we have no malafide intent as the agreement was prior to the court case and we received donation recently.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     11 September 2024

The suit is already decided in favor of them and it has moved to the next step i.e., final decree, besides your father has preferred an appeal hence any action of utilising the proeprty for your own activities will be contempt of court as well as an illegal act for not complying with the law.

The matter is under litigation hence any act done by you as suggested will be construed as an abuse of law besides a criminal act.

So better do not take law into your hands and decide as per your own whims in all such sensitive issues.

Real Soul.... (LEGAL)     12 September 2024

You have to get the decree qushed and suit dissmissed. Submit the proof /witnesses to prove that your gradfather bequethed the proeprty for public benefit. 

P. Venu (Advocate)     13 September 2024

What are the grounds in which the Appeal has been filed. Given that the property is jointly held, it impossible that there could be any credible ground for filing the Appeal? 

Had it not been the Appeal, decree could have been finalised and executed. If so, you( and your father could have confined the NGO activities within your share of property.

aadi   14 September 2024

Dear Sirs,

My father has already given them consideration amount (bank statements provided to the court) in lieu of relinquishment of rights. Such evidence have been ignored by the court and that is the grounds of appeal in higher court.

The property was exclusively with my father all these years. Over the years he has spent lakhs in maintenance, utility bills and property tax whilst not deriving any income from the property. Taking advantage of Vineeta Sharma v Rakesh Sharma Judgement, they have filed the case in 2022.

How is it fair that while my father has to bear all the costs of maintenance but cannot give the property for usage of public good?

It will be years till the final decree is passed. Request you learned Sirs to help us fulfil what my grandparents mandated my father to do for public good.

P. Venu (Advocate)     15 September 2024

Sorry, it impossible to make any meaningful suggestion based on subjective opinions.


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