V. PRAKASH @ G.N.V. PRAKASH versus M/S. P.S. GOVINDASWAMY NAIDU & SONS’ CHARITIES REPRESENTED BY ITS MANAGING TRUSTEE & ORS.
The High Court erred in treating the residence qualification as requiring continuous physical presence and in giving decisive weight to the Green Card and a mere arithmetic count of days; having regard to the trust's Scheme (heritable founder trusteeship), the appellant's Aadhaar, Indian tax assessments, property, bank accounts, declared animus to reside in India and prior participation in trust affairs established eligibility to be founder trustee, so the Trial Court's judgment recognizing the appellant was restored and the High Court judgment set aside.
Source excerpt
- Residence qualification for trusteeship
- Construction of scheme of administration
- Effect of foreign permanent resident/green card on eligibility
- Estoppel
- Res judicata
- Evidence of residence (aadhaar, tax assessments)