Trust is a non-profit organization that works for charitable purposes. They have many benefits associated with them regarding tax exemptions, easy loans, etc. It is a general belief in India that trust is formed only by the creamy layer of society but it’s not like that. Anyone can form trust there is nothing like rich or poor in the trust formation. Trust registration is of two types one is private trust and another is public trust. They are also further divided into subtypes for better understanding. Everything regarding private trusts like the private trust registration process, documentation, etc. has been governed by the Indian Trust Act of 1882. Public trusts are mostly governed by the state legislature like the Bombay Public Trust Act. In the current blog, we will discuss private trust registration in detail.
What is Private Trust Registration?
Private trust registration in India is basically for a closed group of people. Such kinds of trust are formed with the help of one or two beneficiaries. These beneficiaries are mostly friends, family members, or relatives of the author of the trust. A private trust works for the benefit of the beneficiary. In other words, we can say that a trust that is created for relatives, family, or friends is known as a private trust. Private trusts are of three types which are given below:
- Revocable Trust is also known as an alternative to well
- Irrevocable Non-Discretionary Trust is the type of Trust where most powers are in the hand of the author of the trust he will decide which when efficient will get how many shares of the assets
- Irrevocable Discretionary Trusts are those trusts where the settlor gives power to the trustee about deciding the proportion and share of the beneficiaries
Private Trust Registration Under Indian Trust Act, 1882
Indian Trust Act of 1882 is the act that governs private trust registration in India. Everything regarding who can be its parties, what documents are required, who is the competent authority for trust registration etc. has been given under the Trust Act of 1882. For a better understanding of private trust, important provision regarding the same has been given below:
Parties Involved in a Private Trust
There are three parties in any type of trust, whether it is a private or public trust. The definition of these three parties has been given under section 3 of the Trust Act. These parties are given below with their respective responsibilities:
- The settlor or author of the trust is an individual who wants to transfer his or her property and entrusts another person to establish the trust.
- Trustee is a person who accepts the responsibility of establishing the trust and takes care of the management and affairs of the trust.
- A beneficiary is an individual who will benefit from the trust in the future with the help of the settler and trustee
Purpose of Private Trusts
Section 4 of the Indian Trust Act of 1882 talks about the purpose of the trust. As per this section the purpose of private trust must be lawful. How does one ascertain whether a trust’s purpose is legal or not? The answer lies in the same section. All objectives are considered legal unless they:
- Contravening any kind of law
- Causing breach of the provisions of any kind of law
- Are directly or indirectly fraudulent in nature
- Are causing harm with its activities or purpose to another person or their property
- Are immoral in nature
- Are going against public policy
Who can Create Private Trust?
Section 7 of the Trust Act talks about those parties who can create trust. A trust can be created by:
- Any individual who is competent to enter into a contract. They can be an individual, an AOP, a HUF, a company, etc.
- If a minor is involved, permission is required from the principal civil court of the original jurisdiction to establish the trust.
- The extent to which the author of the trust may intend to dispose of their property, and the laws in force at the time, also play a role.
Documents Required for Private Trust Registration
While registering trust documents plays a very important role. Without the completion of the documentation, one cannot register any kind of trust including private trusts. Given below is the list of documents required for private trust registration:
- Id proof of the author of the trust, trustee, and beneficiary
- Address proof of the author of the trust, trustee, and beneficiary
- Passport-size photo of the author of the trust, trustee, and beneficiary
- Passport-size photo of two witnesses
- The instrument that is non-testamentary needs to be signed by the Author.
- Verified and original copies of the registration certificate.
- Xerox copy of the income tax registration certificate.
- Trust Deed original copy
List of Some Established Trusts
A list of some of the famous trusts is given below, after reading the name of the trusts you will have a clear picture of the trusts:
- Tata Trust
- Bill & Melinda Gates Foundation
- Being Human Foundation
- Upay Foundation
- Green Pencil Foundation
- Sri Padmanabhaswamy Temple in Kerala
- Jama Masjid in Delhi
- Gurudwara Bangla Sahib in Delhi
- Shri Sai Baba Sansthan Trust in Shirdi
- Sidhivinayak temple in Mumbai
Conclusion
Private trust registration in India falls under the jurisdiction of the Indian Trust Act of 1882. Private trusts serve closed groups of individuals, such as friends, family, or relatives of the trust’s author. They offer tax benefits and require specific documentation, including identification, address proof, and trust deeds. These trusts must have lawful purposes and comply with relevant laws and regulations. While forming a trust it is always advisable to take the help of the expert. It is necessary because there are a lot of technical things like trust deeds involved and to complete these formalities an expert is needed. Hence consult an experienced professional who can help you out while registering a private trust.
