Indian Trut Act
YPS Dehiya
(Querist) 06 December 2009
This query is : Resolved
Hi
My query is :
A person called "A" transfers all his immoveable properties to a new trust named ABC for the benefit of ABCD- a religious institution. Subsequently ABCD. Because of similarity of name, ABCL declares itself as Trust, Sells the property and pockets the amount of sale. What legal action and by whom can be taken?
A V Vishal
(Expert) 06 December 2009
You can file criminal case for cheating, impersonation, tresspassing against the said ABCL and its members and also file a civil suit for recovery of money from the said trust.
Raj Kumar Makkad
(Expert) 06 December 2009
nothing to add in the accurate opinion of Vishal.
niranjan
(Expert) 06 December 2009
The property must have been given by regd.deed.Religious trust also must be registered and the property should have been incliuded in the pt entry.It is the ABCD who have to take action alongwith you.
YPS Dehiya
(Querist) 13 December 2009
I totally agree Mr. Vishal that the ABCL can be proceeded against for impersonation, cheating, trespassing. But there is a twist. The trustees of ABC and members of ABCL are almost the same. So, these trustees are not willing to take action. In this case, whether any person who is even remotely interested in the property of the Trust, though he may not be trustee can file complaint against the trust? Or can any third party file a complaint, only because he knows something about a cognizable offence? Please advise.
