Trust Registration in India

a Trust can be form in India - 

  • as a Public (Charitable) or Private Trust 
  • with Jurisdictional Registrar or Charity Commissioner
  • under Indian Trusts Act, 1882 with minimum 2 members 

Our Pricing Starts @ Rs 25,000/- + 18% GST | 20-25 days Processing time

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Trust formation in India at a glance

A Trust is registered and governed by Indian Trust Act, 1882.  Income Tax Act, 1961, defines a Trust as “An arrangement by which property is handed over to or vested in a person, to use and dispose off for the benefit of another person”. Creation of a Trust can be broadly classified into two methods namely 

  • Public Trust (Charitable Trust); and
  • Private Trust formation.

Simply, a trust is legally created body, wherein property is transferred from its owner to the trust for lawful purpose. Usually we hear the word trust for religion or charitable purpose; however, there is no such restriction. There are even sports academies also can be registered as trusts.

In India, even many societies are registered as a public charitable trust. Often, you’ll even hear of the wealthy creating private trusts; this is done because of the tax-efficient nature of the trust (because dividend distribution tax or minimum alternate tax do not apply). It is the easiest way to transfer than making a will.

However, it does much involve more effort to register a trust than to write a will. Take the help of FinTax Consultants to form your Trust. Our FinTax Service is convenient and hasslefree.

Send your Requirement here

Documents requirement for Trust Registration in India

  1. Registered Office address Proof ( Own property - Sales Deed/Lease Deed/POA & NOC from Owner)
  2. Registered Office address Proof (Rented premises - Rent Agreement with One Utility Bill and NOC from Owner on Rs 10/- stamp paper)
  3. Members/Trustee's ID and Address Proof ( PAN Card Copy with Aadhar/Voter ID/Driving License/Passport)
  4. Trust Deed
  5. Photograph of all Members
  6. Affidavit ( if applicable)
  7. List of Body Members with fathers name, detail address, Occupation, Mobile number, Email ID, Signature

Our Service Package for Trust Formation includes

First, we provide consultation to our client, which helps to take important notes on Trust formation and Trust Deed, registration procedure, documents requirements along with formation cost.
Once the client decide , we starts preparing and collecting all documents and relevant information to form the trust.
Prepare Trust Deed
Most important work is Drafting of Trust Deed. Which is most important document of the registration process.
Application Filing
Once the All required documents ready and signed by all members, we file the application with concern Authorities.
In Case Trust Registration, Filing process is offline in most of the states.
We update time to time the present status of the application.
At first, Concern authority approve the Trust Name and secondly approve the filed Trust Deed in this complete registration process.
Registration Certificate
On completion of whole process, Concern Authority approves the Trust and issues a registration Certificate.
We dispatch Certificate immediately to client on Email and physical copy by post.

Trust Registration Process in India

Prepare Documents
Prepare all the required documents as per guidelines of Trust Registration issued by Registrar or Charity Commissioner under the Trust Act.
Decide the name of the Trust.
Trust Registration in India
Draft Trust Deed
Prepare a Trust Deed. Here professional's help is required.
Trust Registration in India
File Application with Documents
File application along with required documents and Trust Deed with jurisdictional Registrar or Charity Commissioner.
Filing process is Party Online in few states, other wise the whole process is offline and need to visit Authority.
Trust Registration in India
Pay fee and Stamp duty
Make the payment of Govt. fees by Online/Cash/any other mode as the Registering authority accepts.
A Stamp duty as per rate prescribed in the state shall be payable on assets value vested with the Trust.
Trust Registration in India
Registration Certificate
Once the name and Trust Deed approved, the Authority - Registrar or Charity Commissioner, issues Registration Certificate. This complete process takes atleast 25 to 90 days by the authority in normal course.

Major elements of the Trust

80G and 12A Registration of a Trust under Income Tax Act in India

Trust Deed and Its major Elements

    • Our Professionals possess deep exposure in Trust formation. We help you smoothly form your Trust.
    • Yes. We do serve our clients PAN India from our Branch Offices and Associate Consultants in Major Cities.
    • A deed isn’t mandatory for the formation of a trust. A trust can be formed by a deed or a mere oral agreement. However, it is advisable for charitable trusts and trusts with immovable property to have a trust deed. In some cases where trust deed is not available, documents such as revenue records for lands, property tax receipts, affidavits and other such documents, may be accepted in the place of a formal trust deed.
    • A trust can be public even if the control of the trust property was not vested in the public but was retained by the settlers, provided that the funds are utilised for the welfare of the public, which makes it clear that the public trust can be headed and controlled by a private entity.
    • In the normal course takes 25 to 90 days.
    • District Registrar or Sub-Registrar or Charity Commissioner
    • No. Filing process is Party Online in few states, other wise the whole process is offline and need to visit Authority.
    • Yes. If there is Property involved in the trust, then stamp duty assessable based on certain percentage of the total value of Trust’s property. This percentage varies from state to state. For example, in Delhi this value is 8%
    • A minimum 2 Trustee required in a Trust.
    • Yes. You can run the Trust on any kind of Property.
    • No. A trust can be registered within the state of its registered office situated.
    • Different states in India have different Trusts Acts in force, which govern the trusts in that particular state. In case a state does not have a Trusts Act, the general principles of the Indian Trusts Act 1882 are applied. The other relevant acts are Religious Endowment Act, 1863, Charitable & Religious Trust Act, 1920 and The Bombay Public Trust Act, 1950.
      Commonly registration under Indian Trust Act of 1988 is recommended and practiced.
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