Legal Question in Real Estate Law in India

Dear Sir/Madam, One of our property in Madurai, Tamilnadu is in a trustís hand (no blood relation) and they are misusing it, the word misusing here describes that they against my ancestorís WILL, the will is as follows:

ē The property can be looked after by trust to help the needy and students.

ē The property should not be sold or leased out.

Now the problem is they have sold up to 75% of the property, and the remaining 25% is still there. But when we asked about it, they are threatening our lives. They have created illegal documents that they are correct on their side. The 25% of the property I have mentioned above is about 4 acres and 85 cents in that only 2 acres and 15 cents of the property have EC on my fatherís name. In remaining place they have built a school and they have grabbed the full property.

Now we want the 25% remaining property and the trustís administration (with 75% property) since they have misused our ancestorís WILL.

Asked on 6/30/13, 7:29 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP
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30.06.2013

Dear Sir / Madam,

Since a school has been built by the acquirers on the property, it is in keeping with the contents of the Will that the trust has to help the needy and students. So to the extent of 2 acres and 60 cents where the school now stands, it would be incorrect to say that the acquirers of the trust's property have misused the property. Your father's and your family's control over the remaining 2 acres and 70 cents (25 %) remains intact.

Regards,

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Answered on 6/30/13, 8:11 am
Jayesh Desai Jayesh Desai
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If you have any grievance, file a complaint with Charity Commissioner; who will look into it.

If you are right; he will initiate action.

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Answered on 7/01/13, 12:21 am

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