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J. Raj george (Executive)     31 December 2019

sale of land of church gifted by a person.

can a land in the name of a church be sold without getting court permission.Of Court permission is required under which Act. Any proceedure.The land was gifted to a church.but later a person called him as President of the church sold and received cash by hand. I request to clarify sirs.


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 10 Replies

G.L.N. Prasad (Retired employee.)     01 January 2020

Every gift/donation deed mentions of such rights for use and how it should be managed.  A person can only manage the Church and he is not entitled as a titleholder to sell a religious establishment, as though it was acquired by him.  Report the matter to local Bishop.

R. Jayakumar (ADVOCATE)     01 January 2020

If it is public trust court permission is necessary for sale of chruch property

J. Raj george (Executive)     01 January 2020

Sir, This is a gift deed with no condition. No direction for use.It is a simple deed.Aleady informed to Bishop.He is influenced by local politics.Then How a gift deed can be treated as trust deed. It a in the name of church.to get permission From court.Eventhouh it is a gift deed can it be treated under trust act. Which act covers this. Sirs please guide me to safeguard church land

P. Venu (Advocate)     01 January 2020

Please post complete facts esp. as to the nature and constitution of the "Church". Is it part of an organised congregation?

T. Kalaiselvan, Advocate (Advocate)     03 January 2020

As regards administration of property which a religious denomination is entitled to own and acquire, it has undoubtedly the right to administer such property but only in accordance with law.

A case of forgery has been registered against Church of North India (CNI) Bishop Peter Baldev and 16 others for allegedly selling church properties worth Rs 10,000 crore in a case that could prove to be one of the biggest church scams in the country.

The case has been registered at Civil Lines police station in Uttar Pradesh.

"The investigations will need time since the range is rather wide. If the allegations are found true, this could be one of the biggest church scams in recent years,

In this case the President of the church is not an authority to sell the properties that belong to church on his own.

This selling has to be approved by the governing body which will take a decision after majority pass a resolution to sell the property for the benefit of the church and the programs that the church is proposing to have it in future.

 

 

1 Like

Dr J C Vashista (Advocate)     03 January 2020

It is advisable to contact, consult and engage a local prudent lawyer for appreciation of facts/documents, professional advise and proceeding

J. Raj george (Executive)     03 January 2020

ok sir thanks. but the president had majority support.he sold. but minority people what to do to safeguard the asset.

T. Kalaiselvan, Advocate (Advocate)     03 January 2020

If this property was sold on the basis of the decision taken by majority and the funds are utilized for the developmental activities of church or it social obligation then you cannot do anything about it. If you suspect misappropriation or abuse of power by the president then you may file a PIL against this illegal transaction by producing substantial documentary evidences to prove the alleged irregularities. You first discuss the subject matter with like minded members of the church and take decision that would be proper to the prevailing circumstances.

J. Raj george (Executive)     04 January 2020

yes sir I thank very much.am satisfied with the answer.

J. Raj george (Executive)     04 January 2020

yes sir I thank very much.am satisfied with the answer.

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