Now Reading: NRI can be sole Indian trust trustee but risks need deed care
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NRI can be sole Indian trust trustee but risks need deed care
Livemint reports that an NRI can be appointed the sole trustee of an Indian private family trust under the Indian Trusts Act, 1882, provided the trust deed expressly allows it. However, Section 60 of the Act gives beneficiaries the right to have the trust administered by "proper persons," which courts may interpret to exclude those permanently living abroad. The trust deed should also get beneficiaries to acknowledge this arrangement.
Livemint notes practical risks: an NRI trustee absent for over six months can trigger replacement proceedings under Section 73. A sole NRI trustee creates continuity problems for banking, document execution, and regulatory compliance, especially if disputes arise with beneficiaries. The article recommends appointing at least two trustees, with one resident in India, to simplify administration and protect the trust's assets.
Indian Opinion Analysis
Livemint's article is a straightforward advisory column, not a news story, so no editorial stance differences exist. The piece neutrally explains legal provisions under the Indian Trusts Act, 1882, cautioning that an NRI sole trustee is possible but best avoided. It flags beneficiary consent, foreign-exchange rules, and the risk of disputes if the trustee stays abroad over six months. The practical recommendation, having at least one India-resident trustee, frames this as governance prudence, not legal prohibition. Readers should note that the trust deed's wording is decisive, vague clauses may invite litigation. Watch for succession disputes if family harmony breaks down.
Coverage: 1 source, 1 neutral
Source: livemint.com (neutral report)
This story was synthesised by AI from the source linked above. Methodology and corrections.
