Online Trust Registration in India
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Table Of Content
Meaning of a Trust
Key essential elements of a Trust
Checklist for Trust Registration in India
The first step of trust registration online starts with the drafting of a trust deed. The trust deed is to be drafted on an appropriate non-judicial stamp paper, the cost of which varies across different states in India. Additionally, the trust deed must be stamped for which the stamp duty charges vary for different states in India. Besides a valid trust deed, the necessary prerequisites for Trust formation also include a legitimate objective, beneficiaries based on the type of trust, and the minimum number of trustees as prescribed by law. Follow the table below for detailed information on all such necessary prerequisites of Trust Registration in India.
Checklist for NGO Trust Registration
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Stepwise documents for Trust Registration in India
The NGO Trust registration online is done with the Registrar of Trusts in India. While a private trust is registered under the Indian Trusts Act, 1882, a public trust is registered under the Trust Act specific to the state where it is getting established. The entire process of Trust Registration is centered around the registration of the Trust Deed, drafted and signed by the author of the trust in the presence of the registrar and 2 other witnesses. A detailed stepwise procedure for the registration of Trusts in India has been mentioned below.
Trust Registration in India is incomplete without the proper submission of the documents prescribed under law. Since inadequate or incorrect documentation can even result in the rejection of the entire application of Trust Registration, we always recommend that you arrange all the documents beforehand to prevent any hassle or hindrance in the process of NGO Trust registration online, and to reduce the chances of a complete rejection of your application for Trust registration.
The process for Trust Registration begins with the registration of the Trust Deed. After the deed is drafted, it is submitted to the Office of the Registrar of Trust with the documents of the settlor, and the witnesses. These documents would include their photographs, identity, and address proofs. After examining the deed, the registrar shall ask the settler to appear before him, with two witnesses, and sign the deed in his presence. After the deed has been signed, the registrar begins the process of NGO Trust registration online.
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Documents Required for Trust Registration in India
|A. Documents of the Trustee & Settlers of the Trust||B. Documents of the Business Premises|
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Trust Registration Frequently Asked Questions
- Simple Trusts, where its only purpose is the holding of estate by the trustee
- Special Trusts, where the trust is created for a particular purpose
- Express Trusts, created by a mutual agreement between parties
- Implied Trust, deduced from the conduct of the parties
- Public Trust, where the beneficiaries include the general public
- Private Trust, where the beneficiaries include a private group of individuals
- Constructive Trust, created as a result of the implementation of law
- Forbidden by Law
- Defeats the purpose of any law
- Is fraudulent
- Implies injury to property or person
- Is immoral in the opinion of the court
- Is opposed to a public policy
- When its purpose has been fulfilled
- When its purpose becomes unlawful
- When the trust property has been destroyed
- When the trust is being revoked
- Primary beneficiaries, who are explicitly named as beneficiaries
- General beneficiaries, who are beneficiaries in relation to the primary beneficiaries
- Income beneficiaries, who earn income like interest, rent, etc. from the trust
- Capital beneficiaries, who receive capital from the trust
- Default beneficiaries, who avail benefits from the trust, by default and unless the trustee exclusively forbids it
- Every person competent to sign a contract
- By or on behalf of minor, with the permission of a principal civil court of original jurisdiction
- Hindu Undivided Family
- Association of Persons (AOP)
- Trust owned by a woman