Trust vs Society - help needed

Dear JKP

Please contact at 93 366 34 057 so that I can understand your problem and then suggest remedy.

Prem Garg

1^st Floor, 199 and 200 Civil Lines, Park Road, Golghar, Gorakhpur-273009, (U.P.) India 

Mob: +91 93 366 34 057 (Preferred) and +91 94 150 22 703

premgar@gmail.com

call me on 9373080376.

Why calls pl give advice on open platform.

Approaching the Dy.Charity Commissioner (in case of Trust) or Registrar of Societies, will be an appropriate for lodging a complaint, objecting to granting of the same name /misuse of the name, and for initiating  action under the provisions of the Reistration of Trust/Coop. Soc.'s Act.

In Gujarat   such Trusts are also regd.as Society under Society Registration Act and for both Acts,registering authority is the Dy.Charity Commr. So if that be position in your State,you can approach that authority .i.e. Dy.Charity Commr.

Generally the Charity Commissioner is the common authority to register the Trusts under ther the Trusts  Act  as well as the Societies under the Societies Registration Act. As such two trusts with the same name are not registered. If such a mistake has happend, you should approach the Charity Commissioner with an application raising objection to the other Trust being registered withthe same name as your trust. After enquiery the Ch. Commisioner would pass necessary orders cancelling the registration of the other Trust and directing them to change their name. Such an order would be opossible if your trust registration is earlier than the date of registration of the other trust. 

agreed with   M V Guptaji. trust and socities having same status . But I think u need to complaint to Ragistar of companies also.

Dear Shri. Pawarji,

The Registrar of Companies does not come into picture, as the Society / the trust are not goverend by the Companies Act. Regards.

Brothers, thanks for your kind replies... i have already taken this matter to the registrar, and he says "two organisation can function in the same name...only thing is one have to put trust in the end, if they registered with trust act and the other with out trust in the end, if they registered under society act"  Like this..

1. ABCDEF (Trust) - This registered under trust act

2. ABCDEF  - This registered with society act.

Further, he says there is no rule that "a name registered with trust act cannot be registered under society act"
 

why you people are replying, give ur private mail ids and phone numbers too. rakhi ji kithe ho tussi aaj?

First you can approche to the charity commissioner office for deregistration of  that society which is registered after your registration of trust in similar name.

Secondly you can lodge  criminal complaint agisnt the applicant becouse at the time of society registration applicant must submit an affidavit stating that there is no society registared in similar name. 

thax

Adv.Prem

9967638408

What ever view is given by guptaji is correct  as per my concern.

Prem Sharma 9967638408