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Private trusts are governed by the Indian Trusts Act,
1882. This Act isapplicable to the whole of India except the State of Jammu and
Kashmir andthe Andaman and Nicobar Islands. That apart this Act is not applicable
tothe following:
Waqf
Property of a Hindu
Undivided Family's.
Public or private religious as charitable
endowments.
Trusts to distribute prizes taken in war among the
captors.
CREATION OF A PRIVATE TRUST
A Private
trust may be created for any lawful purpose.
A private trust can
be created by any person who is of the age of majorityand is of sound mind, and
is not disqualified by any law. Every persondomiciled in India attains majority,
when he or she completes age of 18years. But in case of a minor, for whom a guardian
is appointed by thecourt or of whose property the superintendence has been assumed
by thecourt of wards the age of majority is twenty one years.
A
trust can be as well created by or on behalf of a minor with thepermission of
a principal civil court of original jurisdiction.
Apart from a
human being, a company, firm, society or association of persons is also capable
of creating a trust.
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