Trust property cannot be partitioned
sub registrar is correct in his decision that family trust property cannot be partitioned
Our family comes under a family managed trust known as Gosai Madam owning agri inam lands with two village mandirs, being maintained by the families belonging to the Gosai Madam Trust.trust, Trust does not come under Tamilnadu endowment board. The mandirs are maintained with daily pooja and Hindu religious festivals from the income from the inam lands, The trust is registered with members belonging to the Gosai families, The Gosai madam is several centuries old. For the purpose of managing and cultivating the lands, family partitions were made through registration as the families grew over the period. The family partitions were made In 1927, 1965, 2004 and 2014 through registration, These partitions were recognized by court. The trust is in a village Thiruvandipuram, Cuddalore district. Though the individual documents specify the name and property details, the revenue record shows owners as Gosai Madam members (without specifying the name asper the document) with no change in the patta. This has neen OK for us. My wife as a member of Gosai Madam died recently and was owning certain landed properties of Gosai Madam in her name . We the heirs wanted to make a family partition of her Gosai madam properties as has been done in 1927, 1965, 2014 etc. When approached the sub registrar office of Nellikuppam, the officer declined that family partition cannot be done when the property is under the trust as per the notification since 2012. I showed the EC of family partition made in 2014. Still the officer decalin. When family partitions on several occasions why not now? Please kindly give your valuable advice as per legal and practical procedure.
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Trust property cannot be partitioned
sub registrar is correct in his decision that family trust property cannot be partitioned
You can ask the sub registrar to decline the application made for registration of the partition deed in writing giving the provisions of law which prevents this transaction.
Even if the sub registrar is reluctant to give it in writing but not entertaining the registration, you may approach the district registrar with an appeal agaisnt the decision of the sub registrar.
If you do not get any relief from the district registrar also then approach IG registration by attaching all documentary evidences in your favor.
After that you can plan to file a writ petition before high court seeking relief and remedy.
You need to file a objection to the same with the registrar he will decide the matter if not resolved then need to approach court