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ajithkumar.t (ca)     14 October 2010

aided school management

A private aided school in tamil nadu(minority institution, malayalam) was running by its owner being father of eight children. In 1973 he made up a WILL stating that after his death his brother will have the role of Manager of the School till his death and after the death of both his eight children shall form a Trust and manage the School.

But unfortunately after the death of the founder of the school, his brother came into play and during his tenure he changed the WILL according to his wishes and made up to one of founders son the power to manage till his death also. The brother died in 1993

Because of that even after the death of both the founder and his brother, the School is run by one person instead of all such eight children by forming a trust.

case filed only belatedly after 17 years in 2009.

Now we want to know the legal remedy that may happen.

whether we shall succeed. How many years it will take

Still the one man who is the son of the founder , running the school based on the illegal WILL made by the brother of the founder of the school.

Out of the eight children four formed one group and the other formed other group including the present manager son.

Can We obtain injunction from court.

Please guide us what to be done to further stop the manager in atleast restraining him from appointing teachers and staff to the School till the disposal of the suit questioning his power to act as Manager and Correspondent.

 

thanks

ajith kumar

chartered accountant



Learning

 1 Replies

Sathyan A.R. ( Advocate practising tax advisor)     15 October 2010

The founder brother had made a will which is a conditional will.

The direction by the testator of the will (founder) as to what should be done after the death of his brother is upon a contngent and such contingent will is not valid.

Now that in my opinion all the 8 brothers should seek an injuction before the court.

They should explore possibiltiy of forming a trust with the main trusee beeing the present manager


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