Legal Question in Landlord & Tenant Law in India

Trust - Litigation filed by a Trust

A Trust (of 4 trustees) has filed a case against a company relating to the lease of a property, where the co. has further leased the property to a third party without the consent of the trust. If any one trustee provides in writing that he is not willing to continue the litigation can this lead to dismissal of the case. Can other trustees, file a case without the consent of one of the trustees?


Asked on 8/30/08, 9:56 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Trust - Litigation filed by a Trust

The facts supplied by you are incomplte. In such situations, legal opinion can be given only after perusing the plaint filed by the Trust in Court.

However, on the basis of your statement, it can be inferred that the Trust has filed a case. The statement or writing of any individual trustee will not be useful to you. The court is not likely to consider such a writing.

The trustee who filed the case might have authority to do so on behalf of the Trust either as per the Trust Deed or as per a Resolution passed by the Trustees. The consent of all the trustees is not necessarily required each action an action is to be taken by that Trustee.

Trust is a "legal person" and to function as per its Deed or Resolutions passed from time to time.

You should not depend upon writing of any individual Trustee.

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Answered on 8/30/08, 11:02 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Trust - Litigation filed by a Trust

The facts supplied by you are incomplte. In such situations, legal opinion can be given only after perusing the plaint filed by the Trust in Court.

However, on the basis of your statement, it can be inferred that the Trust has filed a case. The statement or writing of any individual trustee will not be useful to you. The court is not likely to consider such a writing.

The trustee who filed the case might have authority to do so on behalf of the Trust either as per the Trust Deed or as per a Resolution passed by the Trustees. The consent of all the trustees is not necessarily required each action an action is to be taken by that Trustee.

Trust is a "legal person" and to function as per its Deed or Resolutions passed from time to time.

You should not depend upon writing of any individual Trustee.

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Answered on 8/30/08, 11:03 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Trust - Litigation filed by a Trust

Majority decision will be final

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Answered on 9/03/08, 8:52 am


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