Public charitable trust
vipul shah
(Querist) 26 November 2013
This query is : Resolved
WE ARE REGD.PUBLIC CHARITABLE TRUST EXCLUSIVE FOR ANJUMANS IN BHAVNAGAR CITY (GUJARAT) WE HAVE IMMOVABLE PROPERTY IN BHAVNAGAR CITY (GUJARAT)AS PER TRUST DEED CLAUSE ONLY WITH THE CONSENT OF ALL BENEFECIARIES/ANJUMANS THE TRUSTEES HAVE THE POWER TO SELL THE PROPERTY.OUR QUESTION IS REGARDING WHETHER PUBLIC AUCTIONS REQUIRE AS PER DIRECTIONS OF CHARITY COMMISSIONER OR NOT? IF WE DETERMINE TO SELL THE PROPERTY AT A CERTAIN PRICE TO CERTAIN PARTY (AS THE PROPOSED BUYER READY TO PURCHASE THE SAME WITH SOME LITIGATIONS ON IT )WITH THE CONSENT OF ALL ANJUMANS /BENEFECIARIES.CAN CHARITY COMMISSIONER GIVES US PERMISSION TO SELL THE SAME TO PRE-DETERMINED PARTY.IF PUBLIC AUCTIONS IS REQUIRED AND OTHER BIDDERS QUOTES MORE BUT TRUST DOES NOT WANT TO SELL THE SAME TO OTHER PARTY IN THESE CIRCUMSTANCES CAN WE REFUND THE EXCESS AMOUNT TO OUR PARTY TO WHOM WE HAVE GIVEN AUTHORITY TO QUOTE MORE THAN OTHER BIDDERS SO THAT THE PROPERTY CAN ONLY BE SOLD TO PRE-DETERMINED PARTY? AS ALL ANJUMANS WANTS TO SELL THE SAME TO A PARTICULAR PARTY .IF YES THAN UNDER WHICH CLAUSE AND UNDER WHICH HEAD THE TRUST CAN REFUND THE EXCESS AMOUNT WHICH PROPOSED BUYER HAS TO QUOTE TO BUY THAT PROPERTY?
malipeddi jaggarao
(Expert) 27 November 2013
Under what circumstances the Charity Commissioner had to interfere and give directions? Unless you give the brief back ground, any advice is not useful.
vipul shah
(Querist) 27 November 2013
Respected sir,
TRUST CREATED FOR THE BENEFIT OF ALL ANJUMANS IN THE CITY OF BHAVNAGAR NOW THEY ALL ARE AGREED TO SELL THE PROPERTY AND THE FUNDS WILL BE USED FOR THE BENEFITS OF ALL THAT BANEFICIARIES.
SO, SIR,NOW THEY WANT TO SELL THAT PROPERTY AND THE TRUST IS REGD.UNDER THE TRUST ACT SO CHARITY COMMISSIONERS APPROVAL SEEMS NECESSARY PLS GUIDE.
Thyagarajan
(Expert) 27 November 2013
Trusts when created would have made some nomenclature and registered under trust act. See if definite procedures are specifically mentioned on disposal of properties of the trust.
vipul shah
(Querist) 28 November 2013
Respected malipeddi jagaraoji,
TRUST CREATED FOR THE BENEFIT OF ALL ANJUMANS IN THE CITY OF BHAVNAGAR NOW THEY ALL ARE AGREED TO SELL THE PROPERTY AND THE FUNDS WILL BE USED FOR THE BENEFITS OF ALL THAT BANEFICIARIES.
SO, SIR,NOW THEY WANT TO SELL THAT PROPERTY AND THE TRUST IS REGD.UNDER THE TRUST ACT SO CHARITY COMMISSIONERS APPROVAL SEEMS NECESSARY AND PLS RESOLVE MY QUESTIONS REGARDING AUCTION OF THAT PROPERTY PLS GUIDE.
