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Author Topic: stuck with trustees, please help with related laws  (Read 456 times)

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Offline baid_rohit

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stuck with trustees, please help with related laws
« on: December 13, 2015, 06:44:16 AM »
My grandfather Mr. Girdharilal was an agriculturalist. he owned a house taken on lease and agricultural land, the land is adjoined a national highway and few other properties.
he made a will for me and my younger brother's betterment, Rohit and Rohan. i was 19 and my younger brother was 14 at that tym. my grandfather appointed 3 trustees, name it as A,B,C. properties were transferred to them. the benefits to me and my brother are given in the will. The house is leasehold and kept in trust for rohan. When its lease was to about to expire, the trustees as a part of their duty, applied for renewal. The lessor refuseD to renew the lease in favour of rohan, because he was a minor. So trustee A therefore got the lease renewed in his own name.

With an intention or earning income from the agricultural property given in the will for my benefit, the trustees made a contract with Litmus Advertising Agency who proposed to erect huge advertisement hoardings on it facing the National Highway. The contract happened because of good offices and intervention of trustee C. According to the terms of this contract, the Agency was allowed to erect the hoarding flexes only for two months. Litmus Advertising Agency did not remove the flexes, nor paid licence fees for the period beyond these two months. The three trustees decided to file a suit against the Agency. They unanimously decided and made a resolution authorizing trustee C to file the suit. Trustee C collected licence fees from Litmus Advertising Agency and deposited the amount in his personal account. Trustee C accepted similar proposals from two more advertising agencies without consulting other 2 trustees. The advance amount he got from these agencies also he deposited in his personal account. Trustee C then purchased land in his own name with these funds, and his own funds.

The problem with the trustee B

Offline baid_rohit

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Re: stuck with trustees, please help with related laws
« Reply #1 on: December 13, 2015, 06:57:56 AM »
Hi, i missed the above question as i am new to this forum.

My grandfather Mr. Girdharilal was an agriculturalist. he owned a house taken on lease and agricultural land, the land is adjoined a national highway and few other properties.
he made a will in 2010 for me and my younger brother's betterment, Rohit and Rohan. i was 19 and my younger brother was 14 at that tym. my grandfather appointed 3 trustees, name it as A,B,C. properties were transferred to them. the benefits to me and my brother are given in the will. he died in 2013.

The house is leasehold and kept in trust for rohan. When its lease was to about to expire, the trustees as a part of their duty, applied for renewal. The lessor refuseD to renew the lease in favour of rohan, because he was then a minor. So trustee A got the lease renewed in his own name.

With an intention of earning income from the agricultural property given in the will for my benefit, the trustees made a contract with Litmus Advertising Agency who proposed to erect huge advertisement hoardings on it facing the National Highway. The contract happened because of good offices and intervention of trustee C. According to the terms of this contract, the Agency was allowed to erect the hoarding flexes only for two months. Litmus Advertising Agency did not remove the flexes, nor paid licence fees for the period beyond these two months. The three trustees decided to file a suit against the Agency. They unanimously decided and made a resolution authorizing trustee C to file the suit. Trustee C collected licence fees from Litmus Advertising Agency and deposited the amount in his personal account. Trustee C accepted similar proposals from two more advertising agencies without consulting other 2 trustees. The advance amount he got from these agencies also he deposited in his personal account. Trustee C then purchased land in his own name with these funds, and his own funds.

The problem with the trustee B is that he intended to leave India meanwhile permanently.

now i am so confused with these prblms that i contacted with the trustees and heard their concerns closely.
my questions are:
can Rohan claim lease of the house?, is the suit filed by Trustee A against Litmus advertising company maintainable?, what rights do i have concerning the land purchased by trustee C?, how did the absence of trustee B from India affect the trust and what's the remedy??

It would be great if u consider this situation closely and suggest me the right path. i have tried to make it as clear as possible for the forum people to understand. the situation has got very complicated for my to take any immediate action.

Thanks a lot in advance for ur opinions and suggestions.

 

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