Trusts & Estates

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Overview

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Indicative Experience

Public Charitable Trusts
  • Advising and representing a public charitable trust seeking to acquire further immovable assets. For this purpose, we have prepared the requisite documentation for the same, amended the scheme of the trust and caused the same to be submitted to the local courts and office of the charity commissioner.
  • Advising and issuing an opinion to a public charitable trust on aspects of directions for payment of donations received by the trust to a non-profit company (under Section 8 of the Companies Act 2013); entering into joint venture agreements for development of trust property; amending the name of the public charitable trust; procedure and steps to be taken for achieving the aforesaid vis-à-vis the scheme of the trust and office of the Charity Commissioner.
  • Advising a consortium of purchasers in their acquisition of land belonging to a public charitable trust; advising on aspects relating to permissions required from the office of the Charity Commissioner, reservations affecting the land, easementary rights as well as litigation aspects of the matter; preparing documentation for acquisition of rights from all parties holding / having interest / rights in the land.
  • Advising and representing a public charitable trust seeking to dispose of certain immovable assets; advising on the procedure and timelines for the same; preparing an application and other documents to be submitted to the office of the Charity Commissioner for this purpose; preparing transaction documents; advising on resubmission of the trust scheme to the local courts and charity.
  • Advising and representing three inter-related public charitable trusts desirous of amalgamation; preparing application and other documents to be submitted to the local court and the charity commissioner seeking consent for the same; giving effect to the revised scheme for a unified trust.
  • Advising and representing a public charitable trust involved in opening and operation of charitable hospitals and colleges on various aspects including operations of their hostels, issues pertaining to the land owned by the Trust to be used for hospital staff and nursing housing etc.
  • Advising a Mumbai – based business family on establishment of fourteen inter-related private family trusts holding the shareholding and controlling interest in various private limited companies and limited liability partnerships operated by the family; advising the client on establishment of trust with a view to reducing the cross-holding between individuals of the family, redefining the holdings and powers of the trustees as well as beneficiaries of each of the trusts; opining in the matter on the steps to be taken and documents to be executed for giving effect to the revised / proposed desire of the trusts.
  • Advising and representing the trustees of a private trust seeking to recover assets in the possession of other trustees; seeking and obtaining orders directing revesting of the trust property in the remaining trustees; carrying out of public tender process for intended sale of such assets; preparing documents for finally disposing of the trust property.
  • Advising and representing the trustees of a private trust seeking to recover assets in the possession of other trustees; seeking and obtaining orders directing revesting of the trust property in the remaining trustees; carrying out of public tender process for intended sale of such assets; preparing documents for finally disposing of the trust property.
  • Preparing wills for a family seeking to set up a private family trust by means of their wills for the benefit of the grandchildren of the family; advising on restructuring of assets and points in time for devolution of rights.
  • Advising and issuing opinion to a high net worth individual based out of the United States of America seeking to set up a private trust in India with assets, moveable and immoveable, in India as well as the USA; advising on aspects of applicable foreign exchange management regulations, RBI guidelines and holding of agricultural lands in India; opining on the rights at law of a private trust comprising of only non-resident Indians to hold, acquire and dispose of assets including residential, commercial and agricultural assets.

Work Highlights