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Caretaker of property made dharamshala into hotel without permission
01-Feb-2023 (In Property Law)
We had an acestral property in haridwar. Our grandfather made it into a charitable trust but it was not registered. It was like a dharamshala. One person was appointed as care taker. We used to visit once a year. Now the care taker of the property has made the hotel of the dharamshala. What action can we take against him?
A trust can be created by deed, will or even word of mouth.
However, trust of immovable property can be created only by non-testamentary instrument signed by author of trust and is registered, or by will of author. [Section 5]
Thus, ‘Will’ is not required to be registered, even if it pertains to immovable property.
If a trust created by will it shall be subject to the provisions of Indian Succession Act, 1925.
Hence kindly check has the trust been created by will or not
I shall be able to guide you accordingly.
However, trust of immovable property can be created only by non-testamentary instrument signed by author of trust and is registered, or by will of author. [Section 5]
Thus, ‘Will’ is not required to be registered, even if it pertains to immovable property.
If a trust created by will it shall be subject to the provisions of Indian Succession Act, 1925.
Hence kindly check has the trust been created by will or not
I shall be able to guide you accordingly.
Helpful?
29+
29+
Adv. Pragya Wazir
Delhi | 100+ Answers
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Trust property can be sold in india
Charitable trust property can be sold
Trust property can be sold in tamilnadu
Can trust property be mortgaged
Can trust property be leased
trust property can be sold
Supreme Court decision on trust property
Charity Commissioner permission for sale of property
Care taker has no right to change the nature of property. If he did so he is bound to restore it on his own expense or pay compensation. You may file suit for his removal and compensation.
He committed breach of contract. He is your agent and bound to perform his duty under rules of agency either defined in the agreement or according to law of contact.
He committed breach of contract. He is your agent and bound to perform his duty under rules of agency either defined in the agreement or according to law of contact.
Helpful?
44+
44+
Adv. Shivendra Pratap Singh
Lucknow | 25+ Answers
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Apply for cancellation of hotel licenses if issued.
and lodge a FIR against care taker.
most extreme set up sell the property with agreement or covenant.
Try to get involved a bit more.
rest meet some lawyer with all the lawyers.
and lodge a FIR against care taker.
most extreme set up sell the property with agreement or covenant.
Try to get involved a bit more.
rest meet some lawyer with all the lawyers.
Helpful?
33+
33+
Adv. Ajay Singh
Allahabad | 100+ Answers
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