Firdaus
06 April 2012 at 21:33
I am one of the beneficiaries of a 125 year old family trust wherein the shares are determinate. The Trust possesses salt lands and agricultural lands. The Trust recently received an offer for its lands and a meeting of the family members was called to discuss the offer.
The Trustees presented the following facts at the family meeting :
(a) That they had received an offer for all the lands on as is where is basis of Rs. X.
(b) That they were all 75 + in age and as there was no one from the family who was interested in taking interest in the Trust matters, it was best that the lands be sold and the Trust wound up after distribution of sale proceeds to the beneficiaries.
(c) That the Trust did not have in it's possession the original title documents to the lands and the buyer was offering to buy despite that fact.
(d) That there was fear of encroachment by land mafia and even the govt was claiming that the salt lands are govt. lands and not the Trust's lands although the same were received by our forefather through a "grant" by the British government in lieu of "good services" to the crown.
(e) That there were many old beneficiaries who were in dire need of money and sale of the lands would help them financially in their hour of need.
One of the Trustees (who is the only young trustee) differed with the other Trustees at the meeting and said, that the Trust is the absolute owner of the lands. The dissenting Trustee asked for some time to search for title documents. A few beneficiaries also objected to the very low offer and it was finally resolved to give 4 months time to see if a better offer could be procured.
During the following months, the dissenting young trustee and these few beneficiaries who had raised the objection to the low offer, uncovered the following :
(a) They found the title documents to the agricultural lands from the house of the managing trustee (who maintained all the records).
(b) They also found that the managing trustee had given permission to a private electrical contractor to lay high tension line through the salt lands to supply electricity to a private mall without taking any consideration or signing any agreement. It surely appears that some consideration has passed under the table for such an act to happen. Upon inquiring why this was done...when such an act could put serious construction limitations resulting in procurement of lower market value for the lands, the said managing trustee had no answer.
(c) In a meeting with the buyer who had given the "low" offer to the Trust, we learnt that the original offer was not for Rs. X as told by the Managing Trustee to the family at the meeting but was for an amount which was 20% higher !!! When this was stated, neither the managing trustee nor the other two older aged trustees objected to the figure. This has brought the integrity of the managing trustee into question.
(d)There were a couple of other issues wherein the managing trustee together with the other trustees were found responsible for lack of application of mind and lack of action resulting in loss of crores of rupees.
(d) To undo one of their mistakes, the managing trustee has recently withdrawn monies from the Trust's bank account and is now trying to cook up the books by showing fake expenses to hide the true nature of the said payment.
The Trust deed clearly provides that the Trustee will be held personally responsible for any act that jeopardises the Trust or its properties.
Now, the managing trustee knows that some of us know of the blunders committed by him (some of which are of questionable integrity) and with the intention of saving his face, is seeking an opinion from a legal expert on whether a beneficiary can sell his "beneficial interest" to an outsider. His intention of doing this is to sell off his beneficial interest and let the other family members fend for themselves with an outsider (builder). Having an outsider would seriously impact the chances of the other beneficiaries ever getting a rightful share of the family property which was settled for the benefit of the family by our forefathers.
My questions to your expert panel are as follows :
(1) What recourse does a beneficiary have to demand resignation of such Trustee(s) ?
(2) Is a beneficiary by law, entitled to sell his beneficial interest in a family trust which was settled by the "settlors" with the intention of generating income for the benefit of the family ?
(3) Can an outsider who buys such a "beneficial" interest from a beneficiary, seek appointment as a trustee ?
I hope you can give me an answer quickly as time is running out. The legal opinion sought is likely to come within 10 days and if it states that "beneficial" interest can be sold, it will leave the other beneficiaries high and dry or with no choice but to toe the line of the unethical trustee and sell out ancestral property worth crores of rupees for a pittance !
Law Querier
06 April 2012 at 18:54
Marriage registered before one year in India. Husband lives in India and Wife is in Canada on working visa (since 8 years). Wife has filed divorce petition (Section 13 (i) (ia)) against Husband. She has made POA to her father to run divorce case in India. Husband doesn’t want to divorce her and wish to live happy life with her. There is no any evidence of their marriage except the registered marriage certificate of India. Wife has not add her husband’s name in her passport and also not registered her marriage in Canada. Wife has plan to settle in Canada. Now, the questions are
1) Is there in any legal system in Canada to register the marriage in Canada If someone get married although it is registered in India?
2) Can Husband give the information about their marriage to Indian Embassy or Canada Embassy? If possible then How can he do this? OR is there any legal way to inform about their marriage to Canada government?
3) If wife will get married again in Canada with other person hiding her past marriage then How can Husband know about her actions?
Thanks in Advance…
dawood ahmed
06 April 2012 at 17:13
RESPECTED EXPERTS PLEASE GUIDE ME IN THE FOLLOWING FACTS & CIRCUMSTANCES OF A CASE:
A EXECUTED A REGISTERED LEASE DEED OF HIS BUILDING TO B FOR A FIXED PERIOD OF 3 YEARS WEF 01-01-2011 AT AMONTHLY RENT OF RS. 1100/-.
THERE IS ASTIPULATION IN THE LEASE THAT EITHER PARTY CAN TERMINATE THE LEASE WITH 3 MONTHS PRIOR NOTICE TO OTHER OARTY.
ON 01-12-2011 A HAS ADDRESSED A LETTER REQUESTING B TO HAND OVER THE VACANT POSSESSION OF THE LEASED PREMISES BY 01-04-2012.
HAVING RECEIVED THE NOTICE, B, INSTEAD OF VACATING THE PREMISES FILED AN INJUNCTION SUIT AND OBTAINED AN ORDER RESTRAINING A FROM EVICTING B EXCEPT BY FOLLOWING DUE PROCESS OF LAW.
PLEASE GUIDE ME NOW APART FROM FILING W.S AND COUNTER IN THE INJUNCTION SUIT FILED BY B DOES A HAS TO FILE FRESH SUIT FOR EVICTION OF B FROM THE LEASED PREMISES? IF SO UNDER THE CIRCUMSTANCES THAT THERE IS A REGISTERED LEASE FOR A FIXED PERIOD AND VACATING NOTICE IS GIVEN UNDER THE CLAUSE STIPULATED IN THE LEASE DEED WHETHER THE SUIT FOR EVICTION HAS TO BE FILED IN A CIVIL COURT OR SINCE THE RENT IS LESS THAN RS. 2000/- P/M AND THE LEASED PREMISES ARE WITHIN THE MUNICIPAL AREA A PETITION HAS TO BE FILED BEFORE THE RENT CONTROLLER? BUT YOU SEE A DOES NOT HAS GROUNDS AS PROVIDED UNDER THE RENT CONTROL ACT TO SEEK THE EVICTION. WHAT SHOULD HE DO NOW?
SWCONDLY, SINCE THERE IS LEASE DETERMINATION CLAUSE IN THE LEASE DEED ACCORDINGLY A HAS ADDRESSED A LETTER TO B ASKING HIM TO HAND OVER THE VACANT POSSESSION OF THE LEASED PREMISES THE LEASE BECOMES DETERMINED ON THE COMPLETION OF THE THREE MONTHS NOTICE PERIOD SO CAN HE FILE CIVIL SUIT
lrrameshadv
06 April 2012 at 13:29
Sir I have purchased from one plot reassuring 1000 Sq. Yards from one muslim in the year 1976. Since then I am in the possession upto 2009. My adjacent land owner has occupied my land. My simple sale deed has impounded by the concern RDO in the year 2004. I am not mutated in the revenue records. My adjacent land owner has pursed my boudaried land from my vendors brother. The occupied have forged the village secretary sign and started constructed the tin shed. Knowing this fact I approached the grampanchayath for the permission which is showing the permission by the occupier. I approached the Dist. DPO, The DPO has enquired the matter and found the forged permission and the Dpo has complained to the DSP to file FIR. The police has filed FIR against the occupier and his associates. Now I want to reback my possession how ?
Renuk Balakrishna
06 April 2012 at 04:23
Hi Experts,
Please suggest on my question related to GPA?
I am planning to buy a property which is bought by the seller from a person who held GPA from his children (sons).
The property originally belonged to GPA holder's wife. After her death in the year 1992, both of his sons issued a GPA stating that their father will have complete right to sell the property.
My question is:
1. Does the sale deed between Father (GPA holder) and Seller (current owner) is valid/legal.
Please help me make a decision whether to buy this property or not.
sudip kumar sinha
06 April 2012 at 01:12
we are 8 brother and 4 sister ,fathers house is used by only 5 brothers who are not willing to share/selling/dividing the property as they are living / enjoying the property.pl guide me, what will be the best course of action so that person's who are living in this property were compelled for selling/ division of this property .
Ayush
05 April 2012 at 19:34
hello experts,
a property is in possession of A but he does not have any ownership proof except the record of municipal corporation i.e. the name in the assessment register. now he wants to transfer the property to his daughter in law. how can A do that so that the daughter in law become owner and becomes enable to further sell the property.
Rajdeep Sanyal
05 April 2012 at 08:14
What are the legal formalities to sell of a used bike to some unknown person for some consideration ?
How can i transfer the ownership of my bike to that person ?
What is the legal formality and should i issue any receipt in relevant to the amount i will be receiving ?
Please Help and Thank you in advance for the valuable suggestions and opinions.
Mahesh Mukadam
04 April 2012 at 13:51
I am NRI and lives in Canada. I owe some Agricultural Land and Flats in India ( Maharashtra) My all relatives are Nri and owns property there. We want to transfer our assects to my Sons name who is Canadian as well as Indian. How we can transfer properties on his name without going to India? Can we issue POA to our friend who is a Canadian Citizen and register these POA with Indian Counsulate here? What are the powers of Indian Counsulate?
Thanks for your valuable advoice
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Agreement to sell
A seller entered into a notorised agreement to sale of his property in 2008 to purchaser A.After 2 years,in the year 2010 he again entered into a registered agreement to sell with purchaser B. What is the fate of purhaser A.Can he challenged registered agreement to sell in the court?