Establishing a Trust is a popular legal method in India for charitable, religious, or private purposes. Whether you’re looking to serve a philanthropic cause or manage family assets, registering a trust ensures legal recognition, financial transparency, and tax benefits. Our expert services guide you through every stage — from trust formation to post-registration compliance and eventual dissolution, if necessary.
A Trust is a fiduciary arrangement in which the owner (settlor) transfers assets to a trustee for the benefit of a third party (beneficiary). Trusts in India are governed by the Indian Trusts Act, 1882 (for private trusts) and state-specific acts for public trusts. Registration is essential to confer legal identity, manage funds efficiently, and gain tax exemptions.
| Type of Trust | Purpose | Governed by |
|---|---|---|
| Private Trust | Created for the benefit of family or individuals | Indian Trusts Act, 1882 |
| Public Trust | Created for charitable or religious purposes | State-specific laws (e.g., Bombay Public Trusts Act, 1950) |
| Mixed Trust | Contains elements of both public and private trust | Case-based application |
1. Author/Settlor – Person who creates the trust.
2. Trustee(s) – Individual or body managing the trust.
3. Beneficiary – Person(s) or institution(s) benefiting from the trust.
4. Registrar/Sub-Registrar – Government authority overseeing trust registration.
To facilitate the registration of a trust, the following documents are required:
1. Trust Deed: A Trust Deed with the appropriate stamp value.
2. Photographs: Two photographs of each party involved in the trust.
3. PAN Cards: PAN cards of the individuals associated with the trust.
4. Address Proof: Address proof of the individuals involved.
5. Identity Proof: Identity proof of the individuals participating in the trust.
6. Authentication from Partners: Authentication from partners, if applicable.
7. No Objection Certificate (NOC): No Objection Certificate for using the premises, if applicable.
8. Utility Bill: Any form of a utility bill serving as proof of address.
9. Registered Office Address Proof: Address proof of the trust’s registered office.
10. Income Tax Certificates: 12A Registration and 80G Certificates issued by the respective income tax authorities, if applicable, to claim deductions.
1. Drafting the Trust Deed
Legal document detailing the purpose, rules, and structure of the trust.
2. Stamp Duty Payment
Paid based on the property value and state regulations.
3. Execution of the Trust Deed
Signed by settlor and trustees in the presence of two witnesses.
4. Registration with Sub-Registrar
Submission of deed and documents; biometric verification required.
5. PAN & TAN Application
Essential for financial operations and tax filings.
6. 12A & 80G Registration (for public charitable trusts)
Avail tax exemption for the trust and donors under the Income Tax Act.
While trusts are usually created to exist perpetually, dissolution may occur under specific conditions:
• Fulfilment of trust objectives
• Inability to carry out the purpose
• Mutual consent by trustees and beneficiaries
• Court order (in case of disputes or illegal activities)
Upon dissolution, assets must be transferred to another trust with similar objectives, especially for public trusts.
A trust is a legal arrangement where a person (the settlor) transfers property or assets to trustees for the benefit of beneficiaries. Registering a trust provides legal recognition, transparency, and enables you to claim tax benefits under the Income Tax Act.
Yes. Public charitable or religious trusts must be registered. For private trusts involving immovable property, registration is also legally required under the Indian Trusts Act, 1882.
Typically, you need:
• Trust Deed (on stamp paper)
• PAN and Aadhar of settlor, trustees, and witnesses
• Passport-sized photographs
• Proof of registered office address
• NOC from property owner (if applicable)
The process usually takes between 7 to 20 working days, depending on document readiness and jurisdiction.
Yes. A private trust can be created for managing and transferring wealth within a family.
Yes, the trust deed can be amended, but such changes must follow the procedure laid out in the original deed and may need to be registered again.
Trustees are responsible for managing the trust’s assets and operations in accordance with the trust deed.
• Public Trust: Formed for charitable or religious purposes, benefiting the general public.
• Private Trust: Formed for specific individuals or family members.
Trust registration itself does not expire. However, 12A & 80G registrations must be renewed periodically under the new Income Tax rules.
• 12A: Grants exemption from paying income tax on trust income.
• 80G: Allows donors to claim tax deductions for donations made to the trust.
Yes, if the income of the trust exceeds the limit prescribed under the Income Tax Act (currently ₹2.5 lakhs), an audit is mandatory.
Yes. A registered trust can buy, hold, and sell property in its own name.
At least two trustees are recommended, though a trust can be created with just one in some jurisdictions.
Yes, foreign nationals and NRIs can be trustees, but it’s advisable to consult legal experts for FEMA and FCRA compliance.
• Filing Income Tax Returns
• Audit of accounts (if applicable)
• Filing Form 10B or 10BB
• Renewal of 12A/80G
• Maintaining meeting records and minutes
Non-compliance may lead to cancellation of tax exemptions, penalties, and disqualification from receiving government benefits or foreign donations.
Yes, a trust can be dissolved if the objectives are fulfilled or unachievable. Upon dissolution, the assets must be transferred to another trust with similar objectives.
Yes, a PAN is mandatory for opening a bank account and filing income tax returns on behalf of the trust.
No direct conversion is allowed. However, you can create a trust and transfer the assets and operations from the NGO or society as per legal guidance.
Yes, but the trust must be FCRA-registered to legally receive foreign donations.