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Yogesh Jogani   24 October 2018

Family charitable trusts building

Below are the details of charitable trusts building (dharamshala) that was originally belonging to my grandfather. I am looking for some general advice and guidance of how I can have equal rights as trustee, along with my brother.

1. Property located in Rajasthan
2. Originally belonging to my grandfather who passed away 25 years ago in absence of a will. He had four sons and it has been decided that each of the four brothers family should nominate one trustee from their respective families. My father passed away two years ago. My mother has been trustee in his place for 6 months. The other three trustees are from three uncles families. Total 4 trustees
3. My brother (who I don't get along well with) has expressed his desire to be trustee instead of my mum. I had no objection to my mum being trustee but I am not comfortable with my brother being trustee without me being added in as trustee as well. I would like to have equal rights as him.
4. To accommodate myself and my brother's rights, some suggestions that have come up are :
A. Each of the four brothers families should now come up with two ✌️ trustees. So 8 in total. This would accommodate me and my brother both. The other three uncles would also nominate two trustees from each of their families.
B. To make me and my brother both trustees on a 2 years rotation basis
C. To have 5 trustees (2 from my father's family and three from uncle's families). However, me and my brother would only have half the trustee powers compared to uncles and thereby making each of the four families having equal rights.

Please if you can :
1. Suggest any other option so me n my brother can both be trustees with equal powers
2. If no other option available, which of the above three options is most suitable

Thanks so much for your help.



Learning

 2 Replies

Kishor Mehta (CEO)     24 October 2018

If the trust is legally registered then the terms, conditions and covenants of registered document will apply. In any other event all the legal heirs and beneficiaries of your grandfather have to collectively decide on the solution, in which case all the three options are valid

Yogesh Jogani   24 October 2018

Thank you sir. Is there any other alternatives apart from the above three
Originally posted by : Kishor Mehta
If the trust is legally registered then the terms, conditions and covenants of registered document will apply. In any other event all the legal heirs and beneficiaries of your grandfather have to collectively decide on the solution, in which case all the three options are valid


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