INDIA Law and Practice Contributed by: Rishabh Shroff, Kunal Savani and Chirag Shah, Cyril Amarchand Mangaldas
7.2 Expeditious Citizenship There is no applicable information in this jurisdiction regarding expeditious citizenship. 8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms In India, a private trust covers the structure of creat - ing a secure future for a special-needs dependent. Through the private trust, the parents can choose to manage the child’s affairs as they wish to. It also ensures that the legacy left for the special-needs child is managed to provide for lifetime care and needs of special-needs children or adults with disabilities in the absence of the parents. Though a trustee manages the affairs, they hold the trust assets in a fiduciary capacity for the benefit of the beneficiaries. This helps in addressing concerns of the parents when they are no more. There is no restriction in the Trusts Act as to who can set up a family private trust. Parents, grandparents or legal guardians can set up a trust for their special- needs child’s future. It is not necessary for the settlor to be a trustee of the trust. Individuals who are trusted members or friends of the family are appointed as trustees of the trust. 8.2 Appointment of a Guardian Under Indian law, guardians can be appointed under different laws. • The Guardians and Wards Act, 1890. • The Rights of Persons with Disabilities Act, 2016. • The National Trust Act, 1999. The Guardians and Wards Act, 1890 is a secular act which provides the laws for guardianship to all com - munities irrespective to their religions and prescribes the whole procedure of appointing the guardians by court. The act authorises the District Court or any other court of the ward to appoint a guardian for a minor. The guardian takes care of the minor, minor’s property or both. • The Mental Healthcare Act, 2017. The Guardians and Wards Act, 1890
Residency under the Foreign Exchange Management Act, 1999 (FEMA)
Any individual who has been residing in India for more than 182 days during the course of the preceding financial year or a person who has come to or stays in India: • for or on taking up employment in India; • for carrying on a business or vocation in India; or • for any other purpose in such circumstances as would indicate his/her intention to stay in India for an uncertain period, is regarded as a resident under FEMA. If an individual does not meet the residency parame - ters above, he/she is considered an NRI under FEMA. An NRI faces certain restrictions in terms of acquiring real estate in India as well as acquiring certain other asset classes such as equity shares. For instance, an individual who is an NRI under FEMA cannot purchase or acquire agricultural land in India. Tax residency See 1.1 Tax Regimes for details. Citizenship The primary provisions governing citizenship in India are contained in the Citizenship Act, 1955 (“Citizen - ship Act”) which provides for various methods of acquisition of Indian citizenship being: • citizenship by birth; • citizenship by descent; • citizenship by registration; • citizenship by naturalisation; and • citizenship by incorporation of a territory. Moreover, under the Citizenship Act, those who are a citizen of another country, but were a citizen of India at the time of, or were eligible to become a citizen at any time after, the commencement of the Constitution, can become an overseas citizen of India (OCI) by obtaining an OCI Card as per the prevalent guidelines contained in the Citizenship Act and underlying rules.
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