Trust Registration
“Under the Indian Trusts Act, 1882, a trust can be created by the execution of a trust deed by the settlor. The trust deed must contain certain essential elements such as the intention to create a trust, the beneficiaries, the trustee, the trust property, and the purpose of the trust.
To register a trust under the Indian Trusts Act, 1882, the following steps need to be followed:
1.Draft the trust deed: The trust deed must be drafted in accordance with the provisions of the Indian Trusts Act, 1882. It should clearly mention the details of the settlor, trustees, beneficiaries, trust property, and the purpose of the trust.
2.Execute the trust deed: The trust deed must be executed by the settlor and the trustees in the presence of two witnesses. The settlor and the trustees must sign the trust deed and the witnesses must also sign it.
3.Stamp duty: The trust deed must be stamped as per the Stamp Act in force in the state where the trust is being created.
4.Register the trust deed: After stamping the trust deed, it must be presented for registration at the office of the Registrar/Sub-Registrar of Assurances. The registration of the trust deed is optional but it is advisable to register the trust deed as it provides legal recognition to the trust.
5.Pay registration fees: A nominal registration fee must be paid at the time of registration of the trust deed.
6.Obtain registration certificate: After registration, the Registrar/Sub-Registrar of Assurances will provide a registration certificate which serves as proof of registration of the trust deed.”