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Trust created by testamentary will

(Querist) 29 September 2013 This query is : Resolved 
In a trust created by testamentary WILL
the settelor declares that all his heirs
shall become trustees and upon the death of these trustees their heirs will become trustees and so on for ever as the case may
be.
One of the trustee has no male issue
and had only one daughter which was married at the time of death of his father (trustee).

My question is that aforesaid daughter can claim for trusteeship in place of her dead
father, when she is married and now belongs
to a different family altogether.

If your answer is N O , than please quote
any case law in support of your answer.

P. Venu (Expert) 29 September 2013
A daughter, married or unmarried, is a legal heir.
Rajendra K Goyal (Expert) 29 September 2013
Daughter is a legal heir of the deceased, she can become trustee.
prabhakar singh (Expert) 29 September 2013
My answer is NOT NO but a BIG YES.She can become trustee as of right in her father place according to settlor's mandate in the Will .
Raj Kumar Makkad (Expert) 29 September 2013
Daughter shall definitely become trustee as per will of her father.
R.K Nanda (Expert) 29 September 2013
NOTHING MORE TO ADD.
Kishor Mehta (Expert) 30 September 2013
Sir,
Well advised by the Experts.
Good Luck.
Kishor Mehta


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