My father started a 2 educational colleges
9 months ago
My father started a 2 educational colleges in a Trust and a Society. Can i become a trustee and President of that Trust/Society. I am a American passport holder with OCI and now living in India for 7 months. Any legal issues that could arise because i am a American passport holder. I understand being a president i would need to sign a number of documents (Bank/affiliations/councils etc)
A.Dear client,
Explanation 1 to Section 60 of the Indian Trust Act provides, inter alia, that a person domiciled abroad or an alien enemy, i.e. a person not domiciled/ resident in India or a person belonging to a state which is at war with India, are not proper persons to be trustees and they are not permitted to be trustees of Indian resident trusts.
Hence if you are domiciled abroad, you cannot be a trustee
Explanation 1 to Section 60 of the Indian Trust Act provides, inter alia, that a person domiciled abroad or an alien enemy, i.e. a person not domiciled/ resident in India or a person belonging to a state which is at war with India, are not proper persons to be trustees and they are not permitted to be trustees of Indian resident trusts.
Hence if you are domiciled abroad, you cannot be a trustee
Helpful
Helpful
Share
Anonymous
Replied 9 months ago
Sir, If the OCI holder is now living in India then he is technically domiciled in India. He should then be allowed to become a trustee of a trust. Please clarify?
A.Dear Client,
An Overseas Citizen of India (OCI) is a person who is technically a citizen of another country having an Indian origin. Overseas Citizenship of India ( OCI) is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. Despite its name, OCI status is not citizenship and does not grant the right to vote in Indian elections or hold public office. An office of the Trust and Society comes under the purview of public office, therefore, an OCI cardholder is not eligible to hold a public office in India either as a Trustee of a Trust or President of any society.
An Overseas Citizen of India (OCI) is a person who is technically a citizen of another country having an Indian origin. Overseas Citizenship of India ( OCI) is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. Despite its name, OCI status is not citizenship and does not grant the right to vote in Indian elections or hold public office. An office of the Trust and Society comes under the purview of public office, therefore, an OCI cardholder is not eligible to hold a public office in India either as a Trustee of a Trust or President of any society.
Helpful
Helpful
Share
Read Related Answers
Stilt Parking purchase
Dear Sir,
Better to get registered sale deed in respect of such parking place and if possible take the consent of builder and/or consenting signatures of few other residents.
Indian Trust Act
Dear Client,
A trustee cannot delegate his office or any of his duties either to a co-trustee or to a stranger, unless (a) the instrument of trust so provides, or (b) the delegation is in the regular...
Common space
Dear Client,
Any open space or open terrace in a multistoried building is considered a common area and a flat owner is not permitted or allowed to use or occupy it for his/her personal use. So, societ...
Roshni Welfare Association
Dear Client,
A Certificate of Registration once granted to a Housing Society or Association under the State-specific Act does not require renewal and it remains valid until it is dissolved either by a...
Sold car
Dear Sir,
If RTO records are not changed then cancel the registration in the name of subsequent purchaser.
Read Blogs on Trust and Society (NGO)
Trust and Society (NGO) Lawyers
Find Lawyers by Location
