What are the powers of private trust which is managing a trust
bhawani sharma
(Querist) 16 December 2012
This query is : Resolved
Dear Sirs,
There is a private trust which is managing a temple, but not able to manage it properly, Its open for public worship. The Managing trustee is misusing the property and not doing anything for public welfare. As a registered society of people can interfere and do welfare work. The private trust is registered under devsthan vibhag sort of family trust. How local people get into managing committee as temple is open for public utility and accepting public offerings and donation.
Regards
Bhawani Sharma
9414761822
bhawani sharma
(Querist) 16 December 2012
Whether private trust can take offering from public? What is the legal process to bring financial of a private trust in public notice.
ajay sethi
(Expert) 16 December 2012
since it is a private trust it must have regd under the the Trust Act
Section 15 of the Indian Trusts Act, 1882 provides that unless it has been specifi cally
provided for in the trust document either universally for the entire trust corpus or with
respect to certain specifi c properties, the trustee cannot be held liable for any loss, destruction,
or deterioration caused to the trust property unless the act through which the loss is
caused is not bona fi de.
The trustee is put on the same level as that of a reasonable person and is expected to exercise
reasonable care. Therefore, if the trust fund suffers loss as a result of the trustee’s actions, the
trustee shall not be expected to make good such loss unless the loss has been caused by
behaviour which is not bona fi de.
A civil suit for enforcement of the benefi ciary’s rights against the trustees or their legal representatives
or for enforcement of trustees’ duties can be instituted in the event that the
trustee fails to take a relevant matter into account in administering the trust.
Devajyoti Barman
(Expert) 16 December 2012
Since the trust involve religious activities , the same would be governed under Religious Endowment Act.
Under this act you can bring civil suit against the managing body for proper management of religious activities including prayer for existing shebaits.
bhawani sharma
(Querist) 16 December 2012
Dear Sirs,
Can a private trust accept public offering and public worship? If the private trust is accepting offerings and worship of public then can it should be remain only private trust
Raj Kumar Makkad
(Expert) 16 December 2012
It should be duly changed into public trust in the given facts.
prabhakar singh
(Expert) 16 December 2012
In a private trust case where public has been allowed to worship and offerings without any hindrance,it looses it's character of being private if use is proved for a long and public becomes beneficiary of such a private trust.
