Regarding trust

SURYA DEVI (Querist) 11 May 2020 This query is : Resolved
what position can hold an advocate in a trust..... whether he/she can hold managing trustee or trustee or president for a public charitable trust. please reply me...

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Raj Kumar Makkad (Expert) 11 May 2020
There is no such law which may restrict an advocate to become any office-bearer of the trust. He can assume any post in such trust.

Guest (Expert) 11 May 2020
It should be an Honorary Post and the Advocate should not be making any income out of it... Otherwise his practice in Courts could be questioned and in such cases he should submit a letter to the concerned Bar Council that he would be suspending his Practice in Courts for this reason.

kavksatyanarayana (Expert) 11 May 2020
as per me, A public trust is a form of organization that is formed with a motive of charity to the public and it is governed by the public trust Act of that state and The Indian Trusts Act, 1882. And the bylaws and objectives should solely be for charitable purposes only. so an Advocate can hold as Managing Trustee in a Public Charitable Trust.

Raj Kumar Makkad (Expert) 11 May 2020
.According to section 10 of Indian Trusts Act 1882 states that “Every Person capable of holding property may be a trustee; but, where the trust involves the exercise of discretion, he cannot execute it unless he is competent to contract.”

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 familiarise yourself with those duties, as you can be liable for "breach of trust" if you do not full fill them. Any person who can own property may be a trustee. A minor (someone under 20) can be a trustee, but a court would have to appoint someone to act as trustee until the minor turns 20.

Guest (Expert) 12 May 2020
Prefer to reply specifically and precisely only to the Query. ------. Advocates could hold only an Honorary Post where he will not be making any income out of it other wise it would be considered as Employment.

Guest (Expert) 12 May 2020
Rules 47 to 52 of Bar Council of India Rules puts a Restriction on Advocates from taking up other employments

Hemant Agarwal (Expert) 12 May 2020
TOTALLY AGREED WITH REPLY of EXPERT "N.J.S.RAJKUMAR"

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Rajendra K Goyal (Expert) 12 May 2020
An Advocate can become office bearer in a trust. Advocate cannot be an employee / on any paid post of the trust.

Raj Kumar Makkad (Expert) 13 May 2020
Only employment is prohibited for a lawyer in a trust or elsewhere but holding of a Hon'rary post is always recognized and is legal.

Dr J C Vashista (Expert) 13 May 2020
No restriction in appointment of an advocate as "trustee" but can not be (paid) employee.

R.K Nanda (Expert) 16 May 2020
he can have only honorary post in trust.

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