Legal Question in Wills and Trusts in India

Hi Sir/Madam,

I am planning to setup a Trust for the benefit of my severely disabled daughter (trust will have the responsibility of taking care of her after my lifetime). Our case is a special case as follows -

1) All of us (my wife, daughter and I) are USA citizen, but relocated permanently to India (i.e. residents of India). We also have Overseas Citizen of India (OCI) cards.

2) In this context, can I create a Trust in india for the benefit of my daughter (a US citizen)?

3) If it could be, can my wife and I (again US citizen) be the trustees of the Trust? Or should only indian nationals can be the Trustees?

4) Along with the Trust, I will have to make a Will as well (so that the property goes to the trust instead of my daughter - right?). I, being a US citizen, will a Will made by me in India be honored by both Indian and US courts?

(Could you please cite the relevant law/rulings also in the answer?)

Thank you very much.

V. Prasad


Asked on 9/09/10, 5:31 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is advisable to meet a local lawyer with all the relevant papers. in my opinion, a trust may be set up by an OCI with certain limitations.

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Answered on 9/10/10, 12:31 am
Vishwa Arya Arya & Co.

You may create a trust being persons of Indian origin. There are no limitations as such. You may also throw your self acquired property into trust advisably by WILL. Will can be made at any place and surely be accepted by Indian and US system. Your daughter can be the beneficiary. Who else would be trustee or who will be trustee in succession

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Answered on 9/11/10, 4:56 am


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