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Supreme Court of India 2022-05-09 allowed

V. PRAKASH @ G.N.V. PRAKASH vs M/s. P.S. GOVINDASWAMY NAIDU & SONS’ CHARITIES REPRESENTED BY ITS MANAGING TRUSTEE & ORS

Bench: 2 — Vineet Saran, Dinesh Maheshwari

In Brief

V. Prakash sought declaration and injunction to be appointed as a founder trustee of a charitable trust under its Scheme of Administration (1936). The Trust rejected his claim, citing his Green Card status and insufficient residence in Madras Presidency. The Trial Court found him qualified. The High Court reversed, holding he failed to prove continuous residence. The Supreme Court held that holding a Green Card does not extinguish Indian citizenship; residence under the Scheme must be interpreted contextually in light of modern travel and communication; and evidence of property, bank accounts, tax assessment, and Aadhaar status demonstrated the appellant's residence. The Court restored the Trial Court's judgment and appointed the appellant as founder trustee."

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Trusts and Charities Succession and Inheritance Scheme of Administration Residence and Domicile Res Judicata Estoppel

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