Anonymous
Asked March 02, 2017

Attempt to usurp land by Temple Trust

  • 2 Answers
  • 669 Views

Hello sir/madam my house is situated beside a famous temple they are trying to occupy my house since so many years but they failed but they cunningly formed a trust and registered in the Endowment .Now they are trying very hard to take away my house and on my house they is a legal civil suit case is going on . Is there any possibility to protect my house . Thanks in regards

Answers 2

1. It is very crucial to know why they want that piece of land. 

2. Check the ownership details of the property. this is first thing you should check. this should be the civil suit

3. file a caveat

4. If you are not emotionally attached to the property, offer them to sell the property at the market rate as no one else will buy a property under dispute. 

5. Since it is a property matter and one of the party is a trust, the case may drag for decades due to adjournments, appeals etc. Suggest arbitration to the court to resolve the dispute

Hope its useful.

Agree Comment 0 Agrees over 3 years ago

Sir/Ma’am, under the Indian Trusts Act, 1882 Section 5 specifically provides as follows, ‘No trust in relation to immoveable property is valid unless declared by a non-testamentary instrument in writing signed by the author of the trust or the trustee and registered, or by the will of the author of the trust or of the trustee.’ Hence, this section stipulates that no immovable property can be categorised as charitable endowment unless it is specifically transferred through a valid instrument to such trust. Hence the temple trust have no legal claims over your property unless you specifically transfer it to their charitable trust.

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.