Permission to sell immovable property of a trust
Rahul Lahiri
(Querist) 17 July 2013
This query is : Resolved
Dear Experts,
Kindly let me know the procedure of selling immovable properties of Trust being settled by a settlor under his will.
If permission of court is required,where to apply in case the Trust office is situated in West Bengal and the property being located in Uttar Pradesh.
Kindly treat this as urgent.
Dr. Jyothi Vishwanath
(Expert) 17 July 2013
Who are you?? How you are related to the trust?? Are you the trustee?? Or you are the beneficiary or a stranger??
Trust property can be sold only if the trust deed permits the trustees to do so.
Rahul Lahiri
(Querist) 18 July 2013
I am the legal advisor to one of the present trustees. As already mentioned this is a trust created by will,wherein it is stated that any single trustee cannot sell the property without the consent of all. The provisions of the will suggest that it is a trust for public charity. My second query is about the jurisdiction where to apply for permission, if any.
V R SHROFF
(Expert) 18 July 2013
EVEN If all the trustees consent to the sale, it canNOT be sold.
CHARITY COMMISSIONER'S PERMISSION IS A MUST. [except a pvt fly trust]
Rahul Lahiri
(Querist) 18 July 2013
Sir, although I totally agree with you, but I am having a doubt, if the property of the trust can be sold through private negotiations by trustees or not. The registered office of the Trust is at Kolkata and the property is situated at Kanpur. Can we apply to the Charity Commissioner at Kolkata. if so, what is the procedure.
Raj Kumar Makkad
(Expert) 18 July 2013
Permission is required to be obtained from Charity commissioner Kolkata by moving the specific application specifically narrating the necessity to sale such property and further the plan to invest the outcome of the sale. The resolution of the trust is required to be enclosed with the application.
Rahul Lahiri
(Querist) 19 July 2013
Thank you so much Sir for your opinion.
Rahul Lahiri
(Querist) 25 July 2013
Can anyone tell me the name of the enactment under which the office of the Charity Commissioner of Uttar Pradesh is formed. Because I have been advised by a senior advocate to arrange for the court permission from UP.
prabhakar singh
(Expert) 25 July 2013
The Charitable Endowments Act of 1890 as amended by Uttar Pradesh Charitable Endowments (Extension of Powers) Act of 1950 (U. P. Act No. XX of 1950) .
