Competent Court's permission is required for the private trust formed for the benefit of a minor to sell its immovable properties.
My question is can a private trust formed for the benefit of a minor dispose off immovable property by the settlor or trustees signing the conveyance deed or a permission required from any govt. authority since this is a private trust not public trust ? the trust deed has given the powers to the trustees
Competent Court's permission is required for the private trust formed for the benefit of a minor to sell its immovable properties.
Hello,
The Delhi High Court has said prima facie no trust property can be held, sold, mortgaged or exchanged without prior permission of the court.
The order would operate against all trusts irrespective of whether they are religious or not, including properties belonging to the church, temples, wakf.. justice Vikramajit Sen said.
A private trust can do anything but underlying all those acts should be the welfare of the person community or society for whom the trust has been formed. Therefore youmay do anything unless it is detrimental to the beneficiaries.
where should i register a private trust in Mumbai maharashtra
Any trust made for the benefit of a minor can perform without the intervention of court if it is going to acquire property in the name of the minor.
However for selling the property it requires the permission of court without which the sale would be voidable at the option of the minor on his attaining majority.
Hello,
Hi
Trust has to be a registered trust irrespective of public or private.
Trust need permission from a civil court to dispose off the trust property.
The registration can be initiated in the office of the Charity Commissioner who has jurisdiction over the trust.
Charity commissioner office address Maharastra,
Office of the Charity Commissioner Maharashtra State, Mumbai, 3rd floor, 83, Dr. Annie Besant Road,Worli, Mumbai 400 018
A prior permission of the jurisdictional court is required to be obtained to deal with the immovable property of minor in any form.
You will have to establish that the sale is for the benefit of minor.
- As per Delhi High Court, Trust property cannot be sold /mortgaged or exchanged without without prior permission of the court. This order is applied for all trust , whether public or private.
- A private trust is created for the benefit of a particular group of individuals known as the beneficiary.
- Further , after drafting a trust deed , it can be registered from the office of the sub-registrar , having jurisdiction of your area.
The Delhi High Court has said prima facie no trust property can be held, sold, mortgaged or exchanged without prior permission of the court
It doesnt require govt permission but consent of all trustee and beneficiaries in majority needs to be taken care of. In case of minor permission of court is required
Where there is no settler and 7 or more people come together, the registration is done under the Societies Act. However, in Maharashtra and Gujarat State, all Societies registered under the Act of 1860 are also required to register as a trust under the BPTA 1950.
1. Since the trust is formed for the benefit of the minor the properties of trust cannot be sold without the prior permission of the competent court.
2. The permission would be granted by the competent court only if it is proved that sale is for the benefit of minor.
1. Trust (Private of Public Trusts) are registered with the district Charity Commissioner (Worli, Mumbai).
2. Property of Trust CANNOT be sold without written permission /order of registering authority, means the district Charity Commissioner.
that is not legally permissible
the beneficiary of the trust has to consent
since beneficiary is a minor, court's permission will be needed
without such permissions any disposal of the trust property will not be binding on the beneficiary and will be voidable at his instance
Yes trustees can dispose off the Properties for benefits of beneficiary without taking permission from any govt authorities.