• Want to Buy a running Pre School under a "Trust" in Bangalore. What are Legal Formallities required

I want to buy a Pre-School, which is running under a "Education Trust" in Bangalore. What are the legal procedures to be followed while buying the same. Can the same be bought thru a MOU or it should be under Sale Agreement ? If so the MOU can be in plain paper ?

Please guide me.
Asked 6 years ago in Business Law

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9 Answers

1. IF the said property is to be purchased out-right, THEN it is mandatory to execute a proper Stamp Duty paid  & Registered Sale Deed, for the transaction to be legally enforceable, for all futuristic purposes and also for Income Tax Return purposes of the Trust and yourself too.

2. MOU has no legally enforceable value.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

The Delhi High Court has said prima facie no trust property can be held, sold, mortgaged or exchanged without prior permission of the court

 

2)The Indian Trusts Act, 1882 is applicable to a private trust and the trustee has the power to convey the trust property when he is authorised to sell (i.e. when the Instrument of Trust provides for the same)  as per section 39 of the Indian Trusts Act.


3) resolution has to be passed by board of trustees for sale of property 

 

4) sale deed has to be executed duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

Hi

It can be purchased on the sale agreement. 

You should get a registered agreement done.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Trust business cannot be purchase. You can become trustee but cannot realize benefits from income of trust. And property of trust shall remain of trust and not trustee.

Prima facie, trust property can be held, sold, mortgaged or exchanged with prior permission of the court.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If you want to buy a pre-school then you buy it by a registered sale deed.

Or whether you want to enter into a lease agreement alone?

If so then you may prepare a lease agreement and get it vetted by a local lawyer before finalising the same.

In any case you may consult an advocate in the local and obtain his legal opinion before finalizing the deal.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

You can buy it through MOU. It's not legal for trust to execute a sale deed as the same is non profit organisation. 

Prashant Nayak
Advocate, Mumbai
34575 Answers
249 Consultations

- As per the Delhi High Court Judgement, No trust property can be sold/ mortgaged or exchanged without prior permission of the court. 

- Hence, legally you cannot enter into a sale agreement to purchase the said running pre school under a Trust . 

- MOU is only option .

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

there are many legal compliances required to be followed for purchase of a Trust property including but not limited to Charity Commissioners consent, Court's approval etc. So I would advise you that if you intend to purchase the said property, please acquire the services of a lawyer and get the compliance list completed before entering into a contract.


Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

1. Yes you can but the preschool from education trust.

2. School should be brought by sales agreement and MoU. Sales agreement for purchase of property and MoU is for usage if name and intellectual property of school. 

3. MoU should be on stamp paper and it should also be registered.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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