• Blood relatives in trust

Can a trust made for charitable purpose, and currently running a school have two brothers (own) as their trustees among other trustees?
Asked 1 month ago in Property Law
Religion: Other

9 answers received in 1 day.

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12 Answers

Yes brothers can be trustees for charitable trust 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

If it is still serving the purpose of substantial social benefit for some portion of the public (specially poor section).

Sanjeev Gupta
Advocate, East Delhi
96 Answers
1 Consultation

5.0 on 5.0

Indian Trust Act 1882 deals with all the matters related to trusts, trustee and beneficiaries.  According to section  10 of The Indian  Trust  Act, 1882, "Every person capable of holding property may be a truster; but where the trust the exercise of discretion,   he cannot execute it unless he is competent to contract. 

 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

The position of trustee is an extremely important one, as trustees are in a fiduciary relationship with the trust's beneficiaries.

This means that they are in a special position of trust and accordingly have a number of significant duties.  

If you are a trustee, it is vital that you familiarize yourself with those duties,  as you can be liable for breach of trust if you don't fulfill them.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Yes you need to make private trust

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

- If the trust is run by family and family is looking after all expenditure from own pocket than there is no such restrictions.

- Incase the funds are obtained from other sources than proper senate and corum is required to be maintained and position is given as per election of management.

- pls ensure to have the trust registered as govt post teesta and ford Foundation have brought strict scrutiny to such trust

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
720 Answers
6 Consultations

5.0 on 5.0

There is no bar to relatives being trustees 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Ok there should not be any problems in trustees being family members 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

You can proceed as advised to you and also based on the prevailing circumstances. 

There's no legal infirmity in respect of the query raised by you earlier. 

 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

- W.r.t above given clarity on source of income of Trust, you can have the members in senate or management with presiding authority to monitor the daily affairs of trust.

- Further be informed the trustees can not get the right inherited and it has to be as the election by member. 

- There are ample judgements clarifying above statement that the trustees can not get the right in trust by inheritance .

 

Regards

 

Vivek Arya

 

Vivek Arya
Advocate, Gurgaon
720 Answers
6 Consultations

5.0 on 5.0

yes blood relatives brothers can be trustees. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

Yes you can still form the said trust for schools too

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

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