Anand bequeaths his house to trustees,declaringthat they may sell it with the consent of Bhanu. Bhanu gives a general prospective consent in writing to any sale which the trustees may make. The trustees then enter into a contract with Chetan to sell him the house.Chetan refuses to carry out the contract..Can trustees specifically enforce the contract?
2007-05-12 02:46:13 · 4 answers · asked by pinky 1 in Politics & Government ➔ Law & Ethics
No need toploser I'm here to answer this question. Answer to question is yes the trustee can enforce the contract. The facts of this case not mention on what ground Chetan refuses to carry out the contract. In any case any property that has been bequeathed by the deceased becomes the property of the beneficiaries; in this case they were the trustees. The only condition that was required for selling of the questioned property i.e. the house was consent of Bhanu who gave it in writing, hence under the transfer of property Act, there lies no dispute regarding the complete/absolute ownership of the property/house with the trustee & their right to sell it. The contract between the trustee & Chetan otherwise too is not being challenged on any ground that is covered as illegal contract or contract against the public policy or for any illegal activities as provided under the Indian Contract Act, hence Chetan is bound by the contract & has to fulfill it against the trustees. Let me add one thing more there is only the mention of term trustee no mention regarding formation of any trust according to the Indian trust Act as such, mere mentioning the word trustee for the beneficiaries of any Will/Bequeath can not be presumed that a valid trust was formed according to the provisions of law applicable under the Indian Trust Act. Hence any dispute with regards to that it was the property of the trust not the property of the trustee doesn't arise.
2007-05-12 03:28:49 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
If the jurisdiction allows specific performance as a remedy, the answer is yes. However, your question is flawed. It is not possible to leave anything to trustees. Unless the house is left to a TRUST, there are no trustees. If it is, the trustees don't own the house, the trust does.
2007-05-12 03:25:35 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
you will in all hazard locate the agent ties you right into a era besides, in all hazard 12-sixteen weeks besides the undeniable fact that it ought to be longer - examine the settlement. you will comprehend in the 1st 3or4 weeks if the home is priced precise in the the present industry... No activity or viewings and it is overpriced... no longer a complication till you desire a rapid sale. look ahead to withdrawal expenses on your settlement. some agent fee a value in case you're taking your components off the industry and pass with yet another agent. The industry is hard on the 2d, many components brokers have too many unsold residences on their books to spend the time required on each and every components.... my advice - p.c.. a small autonomous... yet no longer after having a minimum of three valuations...
2016-11-27 20:49:50 · answer #3 · answered by ? 4 · 0⤊ 0⤋
go to my profile u will get a contact vijay .m,he is a lawyer,send him ur question he is the best person to answer this question.
2007-05-12 02:51:08 · answer #4 · answered by toploser 5 · 0⤊ 0⤋