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Divya (AM)     05 February 2010

Can trust make gifts??

Can a private trust give gifts (i.e. cash or kind) to persons other than beneficiaries of the trust??



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 2 Replies

Bhavani Sankar Mahanti (Law Officer)     05 February 2010

Hi Divya,

Your question of not clear but

   Under Indian Trust Act, A trustee can neither sell, mortgage, exchange, gift , nor partition the trust property, except:

under a direction or authority in the settlement itself which may be either expressed or implied,

under some statutory authority, or by order of the court.

 

 

regards

Divya (AM)     05 February 2010

But can the trustee gift from the trust property with the consent of all the beneficiaries (or an ammendment in the trust deed), even though there is no direction or authority in the settlement itself which may be either expressed or implied?


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