Trustee reach
I have a question if in my trust deed there is a clause mentioned as my trustee ( HDFC) can fetch information from 3rd party or requisite agencies when I forgot to give my salary to the trust and they ...
I have a question if in my trust deed there is a clause mentioned as my trustee ( HDFC) can fetch information from 3rd party or requisite agencies when I forgot to give my salary to the trust and they ...
Dear client,
It appears that under the terms of your executed Trust Deed, you have expressly consented to the Trustee (HDFC) obtaining or verifying information from third parties or requisite agencies in the event of your failure to remit salary or other contributions to the Trust. Such a clause amounts to contractual consent under Indian Contract Act, 1872, and would be enforceable, particularly as it relates to the administration and protection of the Trust corpus.
Since both your trustee a
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If I enter a charitable trust where I intend to support education of village children and for that I commit to give all my movables and all income I receive every year. But later I want to amend after ...
Dear Client,
Charitable trusts are generally considered irrevocable once it is created and registered by the Settlor who losses the power to amend it if there exists no clause of amendment in the trust deed. In the absence of a clause of amendment or modification in the trust deed, the amendment requires to be done with the permission of a civil court. A resolution or amendment that alters the basic character of the trust will be considered invalid. A Civil Court will only allow amendments that
If I enter a charitable trust where I intend to support education of village children and for that I commit to give all my movables and all income I receive every year. But later I want to amend afte ...
Dear Client,
You intend to create a charitable trust to support the education of village children. In this trust deed, you propose to commit all your movable assets and your entire annual income to the trust. Later, if you face financial hardship, you wish to amend the trust so that only your movable assets are committed, while your income is retained for your own use. You are also proposing to make this trust irrevocable.
An irrevocable trust, once executed, means that the settlor (you) legal
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If for modification of the terms of an registered/unregistered charitable trust court intervention is mandatory but if the settlor and the trustees say before the court that the terms are too harsh fo ...
Dear Client,
Charitable trusts are generally considered irrevocable once it is created and registered by the Settlor who losses the power to amend it if there exists no clause of amendment in the trust deed. In the absence of a clause of amendment or modification in the trust deed, the amendment requires to be done with the permission of a civil court. A resolution or amendment that alters the basic character of the trust will be considered invalid. A Civil Court will only allow amendments that
If I make say HDFC Bank my trustee and after destitution I start earning money by doing a corporate job. The employer has purchased insurance from HDFC Bank for his employee (me). Will HDFC Bank get ...
Dear Client,
Your query suffers from a lack of information and transparency to address it suitably. You expressed your situations that also contradict and mismatch each other, but did not provide a cause of action that attracts a legal remedy. This is a legal forum, where in the absence of logical details and a specific cause of action, suitable legal remedies cannot be provided based on the standalone situations/circumstances. So, please revert to us with logical details and a cause of action
For Charitable or Private Trusts , can Income Tax department be a trustee? Or any Statutory government body ?
Dear Client,
A trustee's primary duty is to act in the best interests of the trust's beneficiaries. A government body like the Income Tax Department or any statutory government body cannot be a trustee of a private or charitable trust. The role of government entities, particularly the Income Tax Department, is to regulate and oversee trusts to ensure compliance with tax laws, not to manage them. The Indian Trusts Act, 1882, which governs private trusts, does not name government bodies as potent
If a Charitable Trust deed is formed where there is a clause that Income Tax department or the government should notify about the future earnings of the settlor that will also go into the trust then i ...
Dear Client,
No, such a clause in a trust deed is legally unenforceable. Under the Indian Trusts Act, 1882, a trust can only be created for a lawful purpose. A clause in a trust deed mentioning that the Income Tax Department or the government to notify the trust about the settlor's future income directly violates established laws, including those relating to the confidentiality of tax information. Section 138 of the Income Tax Act governs the disclosure of information about taxpayers. It operat
Dear Sir, I stay in an apartment from past 5 years and fond of plants and flowers since from the day I was staying, I started keeping flower pots and things were normal and I am also paying the mainte ...
Dear Client,
The Karnataka Apartment Ownership Act, 1972 does not explicitly prohibit plant or flower pots on balconies of the apartment or in common areas. However, apartment complexes often have their own resolution taken following the bye-laws that may restrict or regulate such items in balconies of apartment to maintain the building's aesthetics and safety. But, corridors, lobbies, and balconies, in some cases are considered common areas usable for common purpose and AOA regulates the use o
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Can we take the sc/st land on lease in Karnataka for Charitable purpose
Dear Client,
As per section 3 (e) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, as amended in 2023, "transfer" means a sale, gift, exchange, mortgage (with or without possession), lease or any other transaction not being a partition among members of a family or a testamentary disposition and includes the creation of a charge or an agreement to sell, exchange, mortgage or lease or enter into any other transaction. As per Section 4(1)
Where can we complaint against an NGO , where in the founder herself is fraud and enjoys the funds gathered for personal use
Dear Sir,
The basic investigation authority will be concerned local Police where the NGO is having its registered office. Alternatively, you may also lodge complaints with different authorities like Collector. The Foreign Exchange Office if NGO is getting foreign funds etc.
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