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Who can be the trustees in an Indian trust?

General Eligibility

  • Any person capable of holding property and legally competent to contract can become a trustee.
  • Should be above 18 years of age, mentally sound, and not insolvent or convicted of an offense involving moral turpitude.

Number and Type of Trustees

  • A trust must have at least one trustee, though most trusts appoint multiple trustees for better management.
  • Trustees may be individuals or legal entities such as companies, firms, or institutions.

Appointment and Acceptance

  • Trustees are generally appointed by the settlor in the trust deed.
  • A person becomes a trustee only upon accepting the responsibility, which may be in writing or by conduct.
  • In some cases, new trustees can be appointed as per the procedure outlined in the trust deed.

Duties and Responsibilities

  • Administer trust property as per the trust deed and applicable law.
  • Maintain accurate financial records, manage assets prudently, and report to relevant authorities.
  • Cannot derive personal benefit from the trust unless explicitly permitted by the deed.

Restrictions and Disqualifications

  • Persons convicted of a criminal offense, adjudicated insolvent, or found guilty of professional misconduct may be disqualified.
  • Certain government employees or officials may be restricted from holding trusteeship without prior approval.

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