Management of trust
Querist :
Anonymous
(Querist) 08 August 2023
This query is : Resolved
A religious trust was formed in 1949, which has been continued till today. The settlor had donated 12 acres of land and started a spiritist centre to undertake spiritual activities and there is no temple or deity in the premises. Subsequently, few other donors had also donated landed property.
The present trustees wanted to convert it into a society, but after opposition from the family member of the original settlor, now they want to register it afresh as a Trust with an intention to:
1. Ignore the influence of the present family members of the original settlor of the trust
2. Change the structure and purpose etc.
There are 9 trustees in the trust. My query is:
Can they register it as a society / trust afresh by ignoring the original trust deed?
Their intention of few trustees may be to take the total control and ignore the contributions of the original settlor and other donors.
T. Kalaiselvan, Advocate
(Expert) 08 August 2023
It is a settled law that an endowment can validly be created in favour of an idol or temple without the performance of any particular ceremonies, provided the settlor has clearly and unambiguously expressed his intention in that behalf.
Where it is proved that ceremonies were performed, that would be valuable evidence of endowment, but, absence of such proof would not be conclusive against it.”
The principles of Hindu Law applicable to the consideration of questions of dedication of property to charity are well settled. Dedication to charity need not necessarily be by instrument or grant. It can be established by cogent and satisfactory evidence of conduct of the parties and use of the property which shows the extinction of the private secular character of the property and its complete dedication to charity.”
it is undoubtedly possible for a founder to dedicate property in the form of a gift; he can also, if he likes, create a trust through the medium of trustees’;and that under Hindu law, if an endowment is made for a religious or charitable institution, without the instrumentality of a trust, and the object of the endowment is one which is recognised as pious, being either religious or charitable under the accepted notions of Hindu law, the institution will be treated as a juristic person capable of holding property
If there is an illegal activity likely to be done by some of the trustees having vested interests in the trust property, you can file an injunction petition ot restrain them from indulging in such illegal activities other than by due process of law
Querist :
Anonymous
(Querist) 08 August 2023
Thanks Sir for your advice
Please tell specifically, whether few of the trustees can re-register it as a trust ?
Or
All the present trustees have to agree for reregistration
Or
Majority (51%) of the trustees can red register it as a trust.
kavksatyanarayana
(Expert) 08 August 2023
The senior Expert Mr. T.Kalaiselvan sir has expressed the law very well. The trustees cannot re-register the same trust which was already formed long back. All the trustees shall conduct a meeting and may amend the objects and rules of the trust only with a majority as mentioned in the trust deed. The settlor is alive or not?
Querist :
Anonymous
(Querist) 09 August 2023
The settlor is dead long back and his sons/ grandson are there.
Querist :
Anonymous
(Querist) 09 August 2023
After death of the settler, his son became trustee and now the grandson is a trustee. In total, there are 9 trustees
