Saturday, January 21, 2012

[rti4empowerment] Can a minor be a Trustee under the India Trusts Act?

 

Friends,

Section 10 of the Indian Trusts Act 1882 title "Who may be trustee" says− "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."

Section 11 of the Indian Contract Act 1872 titled "Who are competent to contract" says that- " Every person is competent to contract who is of the age of majority according to the law to which he is subject".

Somehow I am not being clear if the common reading of these two sections of the two Acts means that a minor can't be a trustee at all or whether he/she can be a trustee in a limited way.

Would any of the knowledgeable persons kindly let me know at amitabhth@yahoo.com or amitabhthakurlko@gmail.com about the correct legal position
about whether or not a minor can be a trustee of a Trust and in what ways?

Amitabh Thakur
Lucknow
# 94155-34526

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