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buyer (pp)     18 December 2010

educational trust

When we want to purchase residential property belonging to a private educational trust, also including some amendmends to the trust in terms of board members, what are the precautions we need to follow. After we purchase it, is it possible for someone to claim the property as their inheritance, or else , being an educational trust, can the employees, students etc, claim rights to the property later? Kindly advice..

Thanks



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 December 2010

after the purchase of the property employees, students cannot claim any rights over the trust property. Before purchasing of the propert;y you have to make some investigation regarding the property by verfifying the doucments of the property like, property extract, encumbrance certificate, original sale deed if an agrl., land copy of mutatation entry , if non agrl., land then CTS records etc.,.

And it is safer side to give a public notice in a paper regarding purchase of the property.

N.K.Assumi (Advocate)     18 December 2010

Better engage a lawyer for Title Investigation report before you purchase it.

buyer (pp)     18 December 2010

Thanks a lot. Please, a few more questions

After giving public notice, and all the investigations, it is necessary to get permission of courst. if so, can a higher court, in the futre nullify our purchase.

Also, is there any way of protecting me from all future problems in this case by way of insurance purchase ( title insurance, etc.)

Also, if there is a will somewhere saying that trust property will be bequethed to so and so, can that affect me in the future ( say the heirs of one of the members of the trust... )

Please do help me....

1 Like

Triloknath l pandey Adv. (Legal Officer.)     18 December 2010

If   any objections comes from general public then in that case you have to take a permission from a court or any competent body for its purchase to avoid any future complecations . A will executed by any trustee in favour of  beneficiary that will can affect your purchase so therefore to avoid the same have a noc from that beneficiary. 

buyer (pp)     18 December 2010

Thanks sir for the reply, How can I find out if there is a will, or if there are beneficiaries to a trust, will the seller provide me with such documents?

thanks

Kanaksinh P.Boda (Educationist/Lawyer)     19 December 2010

If Institution is run by a Charitable Institution, the Management/Trustees must have submitted  Affidavit of use of the premises exclusively for educational activity,  and claimed various exemption on duty, and if the land/ premises are reserved in that category, a permission is also required for change of use. Forecloser of educational institutions are discouraged by Govt.in normal course.There has to be a specific permission in this regard, of closer/shifting etc, to avoid future problem. Also some times there are disputes among Trustees/Society members which can be verified in the Office of Charity Commisioner. I have worked in education field for 35 years and I have stated this out of my own experience.

niranjan (civil practice)     19 December 2010

First of all get true copy of the P.T.entry from the Trust office. Ask the Trust to take permission from the Charity Commissioner and you can purchase trust property only after the permission is granted,otherwise the sale would be invalid.

buyer (pp)     19 December 2010

Thanks Sir mr KP Boda,

even though this is trust proeprty, right now its not used for educaitonal purposes, it  is a residential property .owned by a private educational trust.

Also, sir ,

If  another individual has already purchased the residential property form the trust, will it then become safer for me to purchase it from that individual, in any way, or in the future, will the same risks face me even if I have bought it from an indiviual in this case.


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