• Property of trust given on gratuitous basis

My uncle was caretaker in temple in mumbai and trust of the temple gave him room to stay. In 2008 trust had taken one affidavit signed from him which I was unaware. I was helping my uncle in his work. After uncle death I requted trust to continue me as caretaker and allow me to reside in same room. But trust simply denied. And sent me notice to vacate room and now file suit in small cause for eviction. Please guide
Asked 8 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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4 Answers

You ha e no rights to continue staying in the said room

2) your uncle was given right to stay in said room as caretaker

3) on his demise you have to vacate the room

4) you cannot claim tenancy rights

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

You can not claim the tenancy rights, your uncle was given the room as caretaker and that right can not be inherited by you.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.Thereisno legalrught ofyours to contiune int hec apacty ofyour uncle.

2.It was only a contractual job of your uncle and yours had only a permissible occupation therein.

3. You hence did not have any legal right therein .

4.So you have no option hit to quit the job and the premises unless the trust agrees to retain your further.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You cannot claim the trust property in any manner.

Your uncle was just a caretaker and not even a trustee of the temple.

After his death there is no inheritance law to acquire his post of caretaker.

Dont waste your time, money and energy to fight this losing legal battle.

There is no inheritance rights, hence it is better you vacate or request the trustees to appoint you as a caretaker

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

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