NDLI: The Khasgi (devi Ahilyabai Holkar Charities) Trust, Indore & Anr. Vs. Vipin Dhanaitkar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	36 (1) – Registration of Public Trusts – Alienation of trust property –Previoussanction of Registrar Trusts and Charities: Madhya Pradesh Public Trusts Act 1951:ss. 2 (4) 4 (1) 14
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Trusts and Charities: Madhya Pradesh Public Trusts Act, 1951: ss. 2 (4), 4 (1), 14, 36 (1) – Registration of Public Trusts – Alienation of trust property – Previous sanction of Registrar – On facts, matter pertaining to illegal alienation of appellant trust-Khasgi Trust by the trustees – Trust deed of the appellant trust executed in 1962 and is traced to Holkar rulers – Alienations were made by the trustees in relation to at least six properties –Collector held that the properties mentioned in the Trust Deed were the properties of the State Government; that the trustees made illegal alienations without prior permission from Government, thus the alienations held to be invalid–Collector directed that the name of the State Government to be entered in revenue records to prevent further alienations – Said order challenged by the appellant Trust and its trustee – Single Judge of the High Court disposed of the petition by issuing diverse directions for the administration of Khasgi Trust - Another writ petition filed by the appellant-Khasgi Trust disposed of by directing the authorities to correct the revenue record – Appeals before the Division Bench, wherein it was held that the Appellant- Khasgi Trust was governed by the Public Trusts Act; that the Trustees had no authority to alienate the Khasgi properties as the same was vested in the State Government; and that the Single Judge had virtually re-written the Trust Deed and therefore, the judgment could not be sustained – On appeal, held: Khasgi (Devi Ahilyabai Holkar Charities) Trust, Indore, is a Public Trust governed by the provisions of the 1951 Act – Khasgi Trust, is an express Trust for public, religious and charitable purposes – Trustees have a duty to safeguard the interests of the beneficiaries of the Public Trust – Thus, the trustees directed to get the Khasgi Trust registered under the Public Trusts Act by making the necessary application – Properties described in Part ‘B’ of the Schedule to the Trust Deed, are properties of the said Public Trust – Alienation of the said properties can be made only by taking recourse to s. 14 – Supplementary Trust Deed is also valid – Issuance of the direction by the High Court to Economic Offences Wing of the State Government to hold an inquiry was not warranted–Registrar having jurisdiction over Khasgi Trust, to call for the record of the Trust relating to all the alienations made by trustees and after holding an inquiry to determine if any loss was caused to the Public Trust by alienation – Subject to the said directions, the judgment of the Division Bench as well as the Single Judge set aside.
Judge	Hon'ble Mr. Justice Abhay.S. Oka
Neutral Citation	2022 INSC 739
Petitioner	The Khasgi (devi Ahilyabai Holkar Charities) Trust, Indore & Anr.
Respondent	Vipin Dhanaitkar & Ors.
SCR	[2022] 17 S.C.R. 173
Judgement Date	2022-07-21
Case Number	4839

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