Validity of trust
yogesh sheth
(Querist) 01 August 2014
This query is : Resolved
Dear Sir,
We are staying in a rented flat of a building in Kolkata since last 40 years. The original owner has formed a trust for the same and appointed his wife, sister and son of sister as trustee for the whole building. After the original owner expired his wife has adopted a girl and get her married. The girl and husband both were staying with the land lady and as due to age she gifted the house to the girl and his husband by virtue of a registered Gift Deed. Now the main point to be consider now is that originally my elder brother was tenant, after that the tenancy was changed to my fathers name and after expiry of my father the tenancy was changed to my mothers name and this changes was done by the owners. Now we are being pressurised to vacate the flat or buy the same. Now my question is on verifying the documents we found that the trust were having three trustee but the gift deed has been signed by single trustee and on asking we were told that other two trustee has given NO INTEREST DECLARATION but not Having seen the same. Now I request seniors to suggest whether present Landlord can compel us to vacate the flat inspite of paying regular rent with 10% increment every 3 years. Secondly does the TRUST stands to be legal with only one trustee and can the same trustee can Gift the property at her own will without having any legal relation with the person concerned. Thirdly If we purchased the same from the exisisting Landlords - will the other trustees will have any right in future upon the same property or can demand anything from us in near future.Fourthly when my mother's presence will not be there will my nephew(Son of original first tenat) gets the tenancy right automatically. Awaiting an early reply from learned senior Leaders.
Thanking you,
YOGESH SHETH
R.K Nanda
(Expert) 01 August 2014
consult local lawyer.
ROHIT SHARMA
(Expert) 01 August 2014
Dear Mr. Yogesh Seth,
1. The change in tenancy rights is lawful. Your mother is the one who survives with such tenancy rights.
2. You need not come under any pressure to evict or purchase the property.
3. The trust formed by the original owner is a private trust. He has had appointed his wife, sister and son of sister as trustee for the whole building.
4. The gift deed done by the widower wife to her adopted daughter is lawful provided that the gift deed bears the consent of all the three trustees.
5. You inquiry reveals that the gift deed is only singed by the widower wife. And you doubt whether such gift deed is valid or not.
6. Further, it has been made known to you by the concerned person(s) that the other two trustees have given NO INTEREST DECLARATION but you have not seen document of declaration.
7. In case you wish to buy the property then to resolve your doubt you can obtain an indemnity bond from the other two trustees that in case the mutation does not happen after sale then they will return the sale amount to you and can add in such bond that they being the other two trustee they once again affirm that they have had earlier given a NO INTEREST DECLARATION and which they now ratify.
8. The sale deed then can be made by the beneficiary of the gift provided that the ownership of such property has been mutated in the name of such joint beneficiary.
9. The question of your nephew acquiring tenancy automatically after your mother's demise is possible in case you as your mother's son waive your rights to succeed your mother.
10. This should appease your issue.
11. If need to have my contact you can click my name (expert) shown in the L.H. margin of the reply format.
Raj Kumar Makkad
(Expert) 02 August 2014
I do endorse the advice of Rohit Sharma.
