husband & wife

Querist : Anonymous (Querist) 14 February 2011 This query is : Resolved
My wife has filed a suit against a Trust in which I am one of the Trustees. The trust has committed an act which warranted contempt of court and she filed a petition for contempt of court. Now the Trust says that since she is my wife I will be removed from the Trust as there is a provision in the Trust bye-law "a member is disqualified if (a) if he acts against the trust against its interest by filing cases which are against law (b) if he make losses to the trust or works against interest of the trust.
Please give me your expert opinion in the matter.
Thanks

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Kiran Kumar (Expert) 14 February 2011
your and wife and you are members of trust in an independent capacity.

your wife is not your agent, she is a trustee in an independent capacity and filed suit and other proceedings in her own capacity.

you can not be held liable for acts or omissions committed by her against the trust.

if you are covered in clause (b) as mentioned by you, e.g. if it is evident that you made your wife to file cases then action can be taken against you as well as per clause (b)

Anup Hadgaonkar (Expert) 14 February 2011
if ur wife filed a pitition in her individual capacity den truss can't oust u

Dineshwar Singh Kaushik (Expert) 14 February 2011
You and your wife are independent trustee on which both of you are distinct identity so if your wife has filed a case in her private individual capacity then no one can oust you from the board of trustee.

Advocate Bhartesh goyal (Expert) 15 February 2011
I agree with experts.

Advocate. Arunagiri (Expert) 15 February 2011
Whether your wife is a trustee?

What is the ground for the suit?

Querist : Anonymous (Querist) 16 February 2011

FIRST OF ALL, LET ME THANK YOU FOR YOUR PROMPT RESPONSE.

1) My wife is not a trustee
2) A portion of her property was exchanged with Trust property upon certain conditions. The Trust did not comply with the conditions or complied the condition partially. Except exchange of the property other conditions were not met with. Upon making representation the Trust said that they will not be complying with other conditions. Hence a suit was filed and obtained an injunction against any construction in the scheduled property or do any act of waste. The Trust changed nature of property in spite of injunction.
She filed a contempt of court petition. The Trust got annoyed on this and it appears that the Executive Committee has taken a decision stating that I have worked against the interest of the Trust.
The property is inherited by my wife and she is the absolute owner of the property.

Hope, I have given clarification sought for.

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