Advocate Jeetica

Questions Answered by Advocate Jeetica (25+ answers)

Q: Trust's misuse,illegal eviction of Legal tenant से living for 20+years

Self proclaimed manager had re-registered trust in 2015 after the settlor's death ,now he is trying to evict the valid tenant's family living fir 20 +years in the trust's premise.In 2010 the settlor had created the cheritable trust in which my father has signed as a witness in the firm if tenant written in bracket alongside of settlor's signature.I। 2015 ,just after the settlor's death, one 5th no. of the member of 2010 trust had fraudulently re registered irrevoxable cheritable trust.

Advocate Jeetica answered
This looks like a clear case of misuse of trust powers and violation of tenant rights. The charitable trust was created in 2010, and your father signed as a witness plus, it’s written there that he’s the tenant. That means the settlor himself acknowledged your family’s tenancy. Since you’ve been living there for over 20 years, you have strong legal protection under rent control laws. No trustee can evict a valid tenant without going through court and proving legal grounds.Now, in 2015, after the settlor passed away, one of the trust members re-registered the trust on his own. If he did this without proper authority or consent of the other trustees, it’s not valid and can be challenged in court. Your family should file a civil suit for injunction to stop this so called manager from throwing you out. You should also gather all proof rent receipts, bills, documents showing long term possession, and the original trust deed.If the re-registration involved fake signatures or documents, criminal action for forgery and cheating can also be taken. Bottom line don’t allow them to push you out without a fight. Legally, your side has a strong footing.