Trustee of a Public Charitable Trust and OCI

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steelclouds
Posts: 4
Joined: Fri Apr 15, 2011 12:54 am

Trustee of a Public Charitable Trust and OCI

Post by steelclouds »

My question about Trusteeship of PUBLIC CHARITABLE TRUST. The general rule of Trust act of 1889 (and then the revised 1920) is that foreign person (who stays and intends to stay more than 6 months outside of Indian Geographical purposes) is ineligible to be a TRUSTEE. The trust act (being so old) isn't crystal clear on whether "Foreign Nationals" could be a TRUSTEE or not. If someone could provide me clarity (based on personal experiences) that would be great.

I have asked so many CPAs/Lawyers in India, but have only got contradicting answers to my question including


  • OCI is treated on par with NRI and hence he is ineligible as the definition of NRI is "non-resident Indian"
  • And few others saying OCI entitles all rights on par with an Indian Citizen with the few exceptions including jobs/offices in Government and agricultural land holdings. This includes every business ventures and TRUST/SOCIETIES come under the typical "Corporate Law"


Now diving straight into my questions.

[LIST=1]
  • Can an person with OCI (US citizen) staying in India for the last 6+ months and intending to stay in India permanently become a TRUSTEE of a public charitable trust (set up to provide education and old age care for the needy).
  • Can the above OCI person be the "Managing Trustee"?
    [/LIST]
    I am sure someone within this post has some experiences in this regard to share or at least hoping one of the R2I's parents/relatives is a CPA/Lawyer who could provide some guidance on this.

    Thanks a bunch in advance. I am willing to seek professional counsel if you guys could recommend/reference me to appropriate professionals. Send emails to bvganesh-at-gmail-dot-com

    - GV

    (BTW, I searched the various forums and didn't find anything relevant and may be I am not using the "right" search words or looking into the right forums.)
    steelclouds
    Posts: 4
    Joined: Fri Apr 15, 2011 12:54 am

    Trustee of a Public Charitable Trust and OCI

    Post by steelclouds »

    Pinging to keep this alive? Help anyone?
    albiol
    Posts: 5
    Joined: Mon May 09, 2011 3:08 am

    Trustee of a Public Charitable Trust and OCI

    Post by albiol »

    Seriously speaking the point you raised here is a contradictory issue.A lot of people believe that It includes the Foreign nationalist.I think that you have to find out Commentary of an expert lawyer...
    I have not noticed any case on this similar question,neither read any case law...
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