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transfer of membership of trust

(Querist) 07 October 2009 This query is : Resolved 
there was a registered trust and one member transfer his membership vide doc. of declaration, affidavit, power of attorney and he also inform the trust to transfer his membership in the name but trust is not transfering the membership what is the remedy it is also mentioned in the memorandum of trust that you can also transfer membership vide form D which is in triplicate form, even pressing these doc. they are not transfering in the name of transferee can we move to the charitable commissioner by said query
Raj Kumar Makkad (Expert) 07 October 2009
It is good to first go through in detail Trust-Deed and especially the rules concerning the membership. If there is no provision then dont hope change of membership and if exists then it is good to go through the procedure mentioned therein. If trust is illegally delaying then it is desirable to submit representation followed by notice and civil suit.
A V Vishal (Expert) 08 October 2009
As Mr Makkad suggested it is necessary to know the clauses in the trust deed about the transfer of membership. Generally the membership is non transferable unless stated in the deed.
Shivasurya (Expert) 08 October 2009
Agree with the learned experts


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