Members have breached trust unlawfully

by Shivendra Pratap Singh | Jul 17, 2023 | Property Cases

Members have breached trust unlawfully. As an ex-President and donor, I am facing a situation where 10 members have passed away, some members have resigned, and there have been no audits for 15 years, leading to a breach of trust. Three members have no objections to returning the land donated. However, the secretary and one member are attempting to transfer the trust land to another trust for their own benefits. How can I take action in this situation to protect my interests as a donor?

Asked from: Rajasthan

As a donor, you have the right to manage and protect the donated property from any unauthorized actions. To safeguard the property, the first step is to file a civil suit for a permanent injunction against the members involved.

By filing the civil suit, you can legally assert your right to manage and control the property, preventing any misuse or transfer by the members. Additionally, in the same suit, you should also request a temporary injunction to immediately stop any potential transfer of the property to other parties.

Seeking a temporary injunction will act as a precautionary measure, ensuring that the property remains under your protection until the court decides on the permanent injunction. This legal action will help preserve the property and its intended purpose as per your donation and prevent any unauthorized actions by the members involved.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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