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

518 votes

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.

Advocate Jeetica LawRato

694 votes

This matter involves fraudulent re-registration of a trust after the settlor's death and an attempt to evict a long-standing lawful tenant. Here’s what you can do: 1. Gather & Preserve Evidence Keep copies of the original 2010 trust deed. Obtain the 2015 re-registered deed. Preserve rent receipts, utility bills, and any proof of tenancy for the last 20+ years. Keep proof of the settlor’s date of death. 2. Legal Steps File a civil suit in the appropriate court challenging the validity of the 2015 re-registration on the ground that the trust was irrevocable and the settlor was already deceased. Seek an injunction to restrain the self-proclaimed manager from evicting you until the dispute is decided. If fraud can be proven (false statements, forged authority), file a criminal complaint under IPC Sections 420, 467, 468, 471 for cheating and forgery. 3. Authorities to Approach Charity Commissioner / Registrar of Trusts to challenge the fraudulent registration. Local civil court for tenancy rights protection. 4. Possible Grounds in Court Irrevocable trust cannot be re-registered or altered after settlor’s death. You are a lawful tenant with protected tenancy rights. Fraudulent intent in bypassing original trust members and changing terms.

LawRato LawRato