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Shobha (Advocate)     07 April 2012

Public charitable trust

Dear Member,

Kindly help me with legal status, law cases and relevant sections with explanation.

Public Charitable trust “A” duly regd with Charity commissioner office is having land and other property in Mumbai.

 Trustees are managing trust property. Part of the trust “A” land is leased to one Lessee X in the year 1941 on terms and condition to give vacant and peaceful possession of  land on expiry of the lease. The lease is for the period 99 years.

Lessee X has build a building ground + 3 stories .

Lessee X is paying lease rent to Public charitable trust “A”.

Lessee X has created another public charitable “trust B” duly regd with Charity commissioner office in the year 1960 with some stocks.

In 1997 by will X is donating the structure and building standing thereon on Trsut “A” to “trust B”  created by X.

Question: Can public charitable trust be created of the same property which is already part of public charitable trust.

Is it valid donation?( for the immoveable property which is part of Public Charitable Trsut “A” )

Will it be considered as leased property for the remaining lease period?(not creating part of the public charitable “trust B”)

Kindly help me.

Sincerely,

Shobha

 

 



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