No trust can sell assets without permission of Court

New Delhi – In a landmark decision, the Delhi High Court has said that no trust, has prima facie any right to sell, mortgage and exchange property without the prior permission of the court.

In an order, Hon’ble Justice Vikramjit Sen said no religious trust – Church, Temple and Waqf Board – has the right to dispose off any immovable property without seeking permission of the court.

The order was pronounced following a hearing of a petition of Ashok Mehra who had purchased a piece of land from Sarbadeshik Arya Pratinidhi Sabha, a registered trust, and had requested the mutation for the same in his name, from the Revenue Authorities in Delhi.

When the Revenue Authorities had rejected the application for the mutation on grounds that it was a trust property, Mehra challenged the order of the Revenue Authorities by filing a writ petition in court.

While admitting the petition, Justice Sen said the matter required wider consideration in the larger interest of society.

The 200 sq yard plot at 3/12 West Patel Nagar was given to Chandrawati, the late wife of Puran Chand Nayar of Lahore, on lease for 99 years by the Governor General of India in the year 1950.

Chadrawati had executed a will appointing Ram Gopal Salwale of Arya Pratinidhi Sabha as the administrator giving him right to sell the land.