Registration under Trust

REGISTRATION UNDER TRUST

“Trust” is defined as an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner or declared and accepted by him for the benefit of another, or of another and the owner.””

The Charitable Trust is also an independent legal entity. In general trustees and settlers are not personally liable for the Charitable Trust’s acts. However they are liable in their respective official capacity. The Charitable Trust is mainly a transfer of property deed for charitable purposes in favor of mentioned beneficiaries.

Registration of trust deed Registration is to be made as per the provisions of the Registration Act, 1908. It may be noted that the trust deed and not the trust is registered. The deed has to be registered with the Sub-Registrar of the registration department of the respective State Governments.

 

Documents required:

  1. Two photos of settler as well as trustee.
  2. Address proof – Aadhar card / Driving License/Passport/Bank statement.
  3. Property papers of the premises where trust is registered
  4. Demand Draft in the favor of the Delhi Government
  5. The Trust Deed should contain the following details:
    a) The name(s) of the author(s)/settler(s) of the trust.
    b) The name(s) of the trustee(s).
    c) The name(s) if any, of the beneficiary/ies or whether it shall be the public at large
    d) The name by which the trust shall be known
    e) The name where its principal and/or other offices shall be situate
    f) The property that shall devolve upon the trustee(s) under the trust for the benefit of the beneficiary/ies
    g) An intention to divest the trust property upon the trustee(s)
    h) The objects of the trust
    i) The procedure for appointment, removal or replacement of a trustee. Their rights duties and powers etc.
    j) The rights and duties of the beneficiary/ies
    k) The mode and method of determination of the trust
  6. ID Proof of Settler, Trustee, and Witness.
  7. Water bill or house tax receipt or electricity bill as address proof of the registered office