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jason (student)     03 March 2012

Please help me out

hi to all our respected seniors, i want to know about under public trust act, 1950, in the schedule 1,  of the bombay public trust act 1050 it shows the name of the various trusties of the trust and below each name is written VIDE CR Number 2272 /dated 16-4-2001  and order dated 23-2-2003

 my question is has the person become trustee having legal power to file case before the  order date of 23-2-2003. can he file a suit in the year 2001 against a tenant on the bases that he has made an application to  be trustee. does he have to get the order from the charity commissioner, upon which his name gets written in the schedule 1 will be happy if u could help my friends house depends on this

take care and all the best

jason



Learning

 3 Replies

Shantilal Pandya ( Advocate)     03 March 2012

the legal actions on behalf of the  trust are to be filed in the name of the  trusrt , all the trustees must jon  in the  action  IE they may be joind  as parties ,the change (registration ) in the  register takes  effect as   on the date of joiningb as  trustee   pt register  has only conclusive  nature of the  facts stated therein,

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jason (student)     03 March 2012

i  have a nother query how can the person be trustee when he has not been accepted as a trustee by the charity commisionner. he has made an application in the year 2001 and the order has been pending till 2004. hasent . how can he file a suit  rae. and there is no resolution passed by all the trustees to file a case. so can a single trustee file a case without resolution, and also to give witness.as i had gone to the charity  com. office, and the officer there told me that unless the order is passed. by the  commissioner, does the applicant become trustee, is that so.

Shantilal Pandya ( Advocate)     04 March 2012

 if your   admission  as  trustee was  as per the mode of  succession through  resolution of remaining trustees tne your  admission takes effect  as on the  date of  such  resolution ,  the oedre of the  charity commissioner to  effect  change in the PT Register  is only  confirmation of  such  admission ,in my  opinion  you  are  the legal trustee of the trust  as per mode of  succession  for apponiment  as trustees 

If the other trustees do not join for   initiating legal proceeding  , you  yourself can initiate legal proceeding   but in that  case you  will have to join as responedents the remaing trustees  as wel as the trust itself 

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