If your grandmother enjoys ownership rights by adverse possession then he can
My Grandpa has been serving as a pastor in a church for 60 consecutive years. That church property is in the name of a society. And the society appointed him as the pastor 60 years before. But grandpa only built the church buildings and spent several crores for the society and the church. Now all the old leaders have died and the new leaders don't like my grandpa and they gave him retirement and appointed another person as the pastor. But my grandpa didn't accept the retirement. He is 90 years old now and wants to file an injunction case and civil case to evict the new pastor. He is still in the property but not allowed to preach in the church. Gas, eb, phone bills are in his name with the property address. Important thing is the society is not at all registered in the govt. So it is not a legal body. So can my grandpa evict that person and make that property his own.
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Since this is a church he cannot claim that as his own property.
However if there was no recognized body functioning in the church property he may claim ownership by perfecting the title by adverse possession but for that he may to file a declaratory suit after which he can claim ownership and evict the new incumbent pastor.
Your grand father would not get injunction restraining new pastor from performing duties as priest
2) no eviction order would be passed
3) church property is in name of society
4) your grand father is 90 years old and court would not interfere with orders of retirement of grand father
5) your grand father is being permitted to stay in the property
1. He cannot evict the new pastor without seeking a declaration from the civil court to the effect that his removal is illegal.
2. The rules of the society have to be perused to formulate am opinion on whether the removal of your grandfather is in accordance with rules.
3. If your grandfather files a suit for declaration with injunction and is able to demonstrate a prima facie fallacy in the process of his removal then he can even secure an ad interim ex parte injunction against the new pastor and society.
1. The society bye laws as regards appointment and termination of a service holder managed by society needs to be first looked into.
2. it is not clear under what aegis like CNI etc this church is functioning as in such cases the rules of parent organisation is also relevant.
3. In either case your grand father cna always file a civil suit for declaration that the termination was null and void and the appointment replacing his candidature be set aside and temporary injunction in the meantime.
If they given retirement and appointed new pastor legally then your grandpa would not get injunction order.
See in this case eviction is not possible the property is in societies name further he was appointed so no adverse possession is there.
Even if there was adverse possession it can be used as only defence not for claiming ownership.
Dear Sir,
Yes, your Grandpa acquired title by default i.e. adverse possession. Otherwise your Grandpa is in permissive possession they cannot evict forcibly. In the meanwhile your grandpa may file a suit for permanent injunction and restrain them from eviction without due course of law. Thereafter they may file suit for recovery of possession but it may not be maintenable since it is not a registered society or trust.
Dear Client,
Take an injunction from the court, and if opposite party adamant than give them an option, refund contribution made by him with interest. Than take the management.
Also seek from court , succession rights of office after his demise.
Hello,
What are the personal laws with regards to the same?
If the pastor has been appointed illegally then he may challenge the appointment but I do not think so that an injunction suit will lie in the court. You may get in touch with a local lawyer with entire set of facts for a more concrete advise.
Regards
1. An non-registered Society is legally null & void.
2. An non-registered Society CANNOT remove or appoint anybody or give any directions.
3. IF the Church belonged to GrandFather, THEN GrandFather can initiate civil proceedings to claim the property, based on the existing available documents.
Keep Smiling .... Hemant Agarwal
the New Testament model for appointing leaders (overseers/elders/pastors) was for leaders to train faithful men who aspire to the role (I Tim 3:1), equipping them for ministry, then appointing them to positions of leadership within in the church. I based this statement on the following passages of Scripture:
2 Timothy 2:1-2 (ESV) – 1 You then, my child, be strengthened by the grace that is in Christ Jesus, 2 and what you have heard from me in the presence of many witnesses entrust to faithful men who will be able to teach others also.
Titus 1:5 (ESV) – 5 This is why I left you in Crete, so that you might put what remained into order, and appoint elders in every town as I directed you—
Acts 14:21-23 (ESV) – 21 When they had preached the gospel to that city and had made many disciples, they returned to Lystra and to Iconium and to Antioch, 22 strengthening the souls of the disciples, encouraging them to continue in the faith, and saying that through many tribulations we must enter the kingdom of God. 23 And when they had appointed elders for them in every church, with prayer and fasting they committed them to the Lord in whom they had believed.
Even it is not registered, since the property on the name of Society, difficult to get the property. But Since being Possession of the property ( GAS, EB, Phone, etc bills), we can fight the case for many decades. fix up civil good lawyer and file the case.