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Trust Registration in India

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Trust Registration in India– An Overview

The Indian Trusts Act of 1882 governs trust registration in India. A trust is a legal entity founded to oversee assets for charitable, religious, or private purposes. It mandates a Trust Deed to outline the trust’s purpose, trustees, beneficiaries to be registered, and the authority given to each trustee.

Most of the trusts are used to run charitable activities in education, healthcare, and social welfare. Trust Registration grants legal status to the trust and makes it eligible to seek tax exemptions under section 12A of Income Tax Act 1961 and 80G. It is a process to ensure transparency, allowing a trust to function without any legal hassles.

Different types of trusts are registered in India, including public or private, with public charitable trusts being most common for the benefit of society. Our expert consultants ensure worry-free and seamless trust registration in India.

What is a Trust?

A trust is a legal agreement between two parties, wherein one party, known as the trustee, manages and oversees assets or property for the advantage of another party, called the beneficiary. Trusts can be formed for different reasons, including charitable, religious, or personal.

Trust mandates both parties to enter into an accord through the Trust Deed, which details the terms of the trust, its objectives, and the roles of all the parties involved. While the trustee is the lawful owner of the property, the equitable owner remains the beneficiary. Trusts offer an organized form to manage and distribute assets within the legal framework, ensuring protection and operational accountability.

Benefits of Trust Registration Online

Trust registration online simplifies the legal process of safeguarding assets, providing tax benefits, and facilitating swift, lawful recognition. It fulfils mandatory compliance, protecting the interests of trustees, inheritors, and charitable activities. Some of the benefits are listed below:

  • Involved in Charitable Activities
  • A charitable trust entitles individuals to profit from their assets even while they continue to support beneficiaries and charities. People who do not own any assets can also benefit from a trust, making it a valuable option.
  • Leveraging Tax Benefits
  • All trusts registered in India enjoy different tax exemptions from the income tax department. A trust formed to conduct non-profit activities is eligible to benefit from specific tax benefits. However, a trust must produce a registered deed to access these advantages, offering relief from strict tax obligations.
  • Minimizing Legal Challenges
  • Registered trusts are legally safeguarded under the Indian Trusts Act of 1882, dissuading third parties from making unnecessary claims. A trust’s legal status also protects the interests of beneficiaries, trustees, and the trust owner.
  • Preserving Family Wealth
  • Trusts can be governed to split assets among family members for future generations. The trust can allot and later divide assets such as land or interest, simplifying the process of controlling family inheritance.
  • Supporting the Needy
  • Trusts engaged in charitable services offer basic services to the needy and financially underprivileged by providing food, shelter, and clothing. Their non-profit activities also include supporting children’s education to help them secure their future.
  • Safeguarding Assets During Immigration
  • People who relocate abroad can form a trust to protect and manage their family’s wealth. Trust allows organizational flexibility and facilitates reduced tax obligations, ensuring legal protection for the assets even while they are away living in another country.
  • Avoiding Probate Process
  • Trust registration authorizes the seamless transfer of assets to legal heirs, even without needing a legal will. A trust is a private agreement that bypasses the registration procedure, facilitating ownership transfer and reducing delays for surviving partners.

Eligibility Criteria to Register a Trust Online

In order to meet the eligibility criteria to register a trust online, you must fulfil the below-mentioned conditions:

Checklist for Trust Registration
  • A minimum of two people are required to register a trust.
  • Must be registered as per the rules of the Indian Trusts Act of 1882.
  • Objectives and parties involved must conform to Indian laws.
  • Must serve charitable purposes in education, religious activities, or welfare relief.
  • Its name must adhere to the Names and Emblems Act of 1950.
  • Its name must not violate the Registered Trademark Act.
  • A trust deed on stamp paper with the required stamp duty is mandatory.
Checklist for Trustees:
  • Must understand their legal obligations to meet compliance with their legal duties.
  • Maintain trust details, including financial transactions, minutes of meetings, and property.
  • Must use the funds for their intended purpose and deter misuse or diversion of assets.
  • Facilitate regular audits, file annual returns and maintain accounts to fulfil tax obligations.
  • Make decisions to safeguard the interests of the beneficiaries and their rights.
  • Review the trust deed frequently and update it as and when it requires modifications.
  • Facilitate communication with beneficiaries and donors by sharing financial updates and information on trust activities.

Documents Needed for Trust Registration Process

The list of documents required for the trust registration process, which an applicant must submit when applying, includes the following:

  • A Trust Deed with a suitable stamp value.
  • Two passport-sized photographs of each party involved.
  • PAN cards of all the people concerned with the trust.
  • Address proof of all the individuals involved with the trust.
  • Identity proof of the individuals participating in the trust.
  • Authentication from all the partners (if applicable).
  • No Objection Certificate (NOC) for using the property (if applicable).
  • Utility bills such as electricity bills or gas bills to serve as address proof.
  • Registered office address proof of the trust.
  • Income tax certificates, such as 12A Registration and 80G Certificates, issued by income tax authorities (for claim deductions).
How to Register Trust Online?

The step-by-step procedure to register Trust online involves different stages. Let us explore the stepwise process:

Prepare Trust Deed

The first step to register a trust starts with drafting a Trust Deed. This deed includes details such as the trust name, objectives, names and details of trustees, beneficiaries, and total assets. To authenticate the deed, it must be signed by trustees and notarized.

Gather Necessary Documents

The next step to register trust online includes collecting all the necessary documents, including identity and address proof of all the trustees, settlers and witnesses. It is also important to produce property documents related to the trust at the time of trust registration online.

Visit the Online Registration Portal

Once the above-mentioned steps are complete, the next step in charity trust registration is to visit the state-specific or national trust registration portal to create an account, after which the option for online trust registration must be selected.

Fill Out the Application Form

To register trust online, the application form must be completed and submitted along with the required documents and details—trust name, objectives, and trustee information.

Submission and Fee Payment

The last step involves submitting the completed application form and the registration fee online. Once the submitted form is processed, the trust registration certificate is issued to confirm its legal status. 

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