Trust Registration

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A trust can be for the benefit of a closed group or persons, known as a Private Trust, or for the public at large, known as a Public Trust. We advise and assist in Trust Registration, which is mandatory anywhere in India.

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Introduction

Trust Registration

The Indian Trusts Act, of 1882, defines a trust as an obligation, annexed by the ownership of property, arising from a confidence reposed in the owner and accepted him, for the benefit of another owner or another person known as its beneficiary. In simple words, the owner of the property/assets called the ‘author of the trust’, entitles its ‘trustee’ to hold his property/assets for the benefit of other authors and beneficiaries. For this purpose, we can say that the ‘author of the trust’ has reposed his confidence in the Trustee. The beneficiary’s rights against the trustee as the owner of the property/assets is termed as his ‘beneficial interest’ in the Trust.

Benefits

Benefits of Trust Registration

Charitable Endeavors

Charitable trusts promote philanthropic endeavors to make a positive impact on society. You can enjoy tax benefits on your personal contributions to registered trusts.

Continuity and Perpetuity

Trusts can exist in perpetuity, allowing you to create a lasting legacy. Through trust registration, you can ensure the continuity of your objectives beyond your lifetime.

Tax Benefits

Trusts being non-profit entities are subject to many tax exemptions under the Income Tax Act. The exact provisions may vary based on the type of trust and jurisdiction of registration

Succession Planning

Trusts are excellent tools for succession planning. By transferring assets into a trust, you can outline specific instructions for their distribution to beneficiaries.

Process

Trust Registration In 5 Easy Steps

Document Checklist

Documents Required for Trust Registration Online

ID Proof

ID Proof Of Trustee and Trustor

Bills

Copy Of Utility Bills

12A and 80 G Certificate

From the respective income tax authorities to claim any form of deductions.

Address Proof

Address Proof of the Registered Office of the Trust.

Photographs

Two Photographs of the parties in the trust.

PAN Card

PAN Card of the individuals having a trust.

Faq

Frequently Asked Questions (FAQ)

In India, trust is more like an akin to a legal arrangement between the author and the trustee.

 

The key duties of a Trustee are Fiduciary Duty; Duty of Care; Duty of Intimating the Beneficiary of any Form of Changes made in the Trust; and the Duty to Administer the Trust Property.

 

In India, Trust has beneficiaries, who are the people for the benefit of whom the trust is established and will be handled.

 

The different classes of Indian Trusts are as follows:

  1. Simple Trusts, where its only purpose is the holding of estate by the trustee
  2. Special Trusts, where the trust is created for a particular purpose
  3. Express Trusts, created by a mutual agreement between parties
  4. Implied Trust, deduced from the conduct of the parties
  5. Public Trust, where the beneficiaries include the general public
  6. Private Trust, where the beneficiaries include a private group of individuals
  7. Constructive Trust, created as a result of the implementation of law

The steps involved in the process to register Trust in India are Choose an Appropriate Name; Decide the Authors and Trustees; Formulate MOA and Trust Deed; Preparation of Trust Deed on a Stamp Paper; Submission of Trust Deed to the Registrar; Obtain the Certificate of Registration.

 

Public Trusts can either be a charitable trust or a religious trust.

 

A family trust is where the beneficiaries and the trustee belong to the same family. It is of the nature of a private trust, and can never be classified as public trusts in India.

 

For the registration of the Trust deed, you do not require any specific certification from any professional consultant. However, you may require our legal services for the proper drafting of the trust deed, in receiving an appointment with the registrar of trusts, and operational assistance while being present in the registrar’s office for registration of trust deed.

 

The Indian Trusts Act, 1882, is the governing law for a Trust in India.

 

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