Oci and nri appointed as a trustee in indian trust

Querist : Anonymous (Querist) 31 December 2020 This query is : Resolved
Hi legal experts,

I need some clarifications on the appointment of NRI and OCI holders in public trust in India, I am aware that this issue has been dealt with by the Income Tax appeals tribunal recently in the case of Global Academy of Emergency Medicine I.T.A. No.6291/DEL/2015, where it has a very clear interpretation of section 60 and 73 of the Indian Trust act 1882 and no impediment simply because you are an NRI or OCI holder and in this case, it was allowed to have NRI to be a trustee in the public trust.

I need some more reference and guidelines from the experts who can elaborate further as this case is a benchmark and may be a precedent for all future public trust registration where NRI / OCI is a trustee.

thanks

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Isaac Gabriel (Expert) 31 December 2020
Any objectionbeen made to the arrangement you have quoted? If so your apprension could be justified.Otherwise it could be constued to be in order and it may follow.suit.

Querist : Anonymous (Querist) 31 December 2020
This is indeed a landmark decision by the Tribunal as there is a very brief summary and interpretation of section 60 and 73 of the act has been defined and its actual application to NRI and OCI holders. More awareness and guidelines to be issued by the Governing bodies to clarify this issue. the above case is a very good starting point.

Rajendra K Goyal (Expert) 31 December 2020
For any further advice applicable to the point, it would be better to take help of local lawyer.

P. Venu (Expert) 01 January 2021
The query suggests no issues.

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