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Showing contexts for: Two trustee in Smt. Shanti Devi vs Yadvinder Thakur And Anr. on 11 May, 2006Matching Fragments
14. This application was again contested by the respondents. It was pleaded that after Prem Tuteja and M.P. Joshi, trustees, had resigned on 26.3.1990 and 14.4.1990, respectively, registered notice was sent to Uma Aggarwal for 5.5.1990 but she had no responded. On that date two trustee, namely, Bansi Lal Chhapria and Santosh Bajaj were appointed as new trustee. Bansi Lal Chhapria died on 30.3.1996 and in his place Dr. Vibhakar Sharma was appointed as a trustee. Santosh Bajaj resigned on 21.12.1996 and in his place Major Tara Chand and Sh. Sanjay Aggarwal were taken as trustees in the meeting held on 3.2.1997. It was asserted that Bagichi situated in Amritsar was not a part the trust property. Legal objection was also taken that this application CM. No.l357-CII of 2001 was filed by the Advocate on his own without instructions from any client. It was however, submitted that certificate of Probate in his favour has not been issued so far and his functioning as Executor has been stayed. Hence, its dismissal was prayed.
As discussed, both the respondents who are the Managing Trustee and the trustee alone, are alleging facts contrary to the Will by which they were appointed as the trustees. Respondent No. 2 has occupied a part of the Trust property by alleging the same to be the property of someone else. These trustees have been misusing and exploiting their offices. It was specifically laid down in the trust deed dated 18.1.1966 that the number of trustee should not be less than 3 and should not exceed 7, but these two trustees, namely, Yadvinder Thakur and Om Parkash Aggarwal alone had been running the trust. They had been appointing other trustees of their own choice.
15. Proper accounts will be maintained and be filed in this Court within two months after the expiry of each financial year.
16. The properties shall be managed by the Board of trustee in parentally manner. However, it will not be sold without prior permission of the Court.
17. The successor-Executor or the Board of Trustees will be free to seek any clarification from this Court.
18. Henceforth, the Bank accounts in the name of Champawati Charitable Trust or in any other name relating to this case, operated by this Court through its Registrar, shall now be operated jointly by the Executor-cum-Managing Trustee and one of the two Trustees.