Registration of Charitable Trust

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Registration of Charitable Trust

Public charitable trust can be created in India can be created by any person who is competent to contract for purposes which include relief of poverty, education, medical relief, the advancement of any object of general public utility, etc., A public trust can be registered or unregistered. In this article, we look at the procedure for registration of charitable trust.

Creation of Trust

To create a public charitable trust, there must be a settlor of Trust or someone at whose instance the Trust is created along with the following mandatory prerequisites:

  • Clear intention of the settlor to create a Trust
  • Details of the purpose of the Trust
  • Details of the Trust property
  • Beneficiaries of the Trust
  • Divesting of ownership by the settlor in favour of the beneficiary of the Trustee.

Know more about process for creating a charitable trust in India.

Procedure for Trust Registration

To register a charitable trust, an application for Trust registration must be made to the official having jurisdiction in the state for Trust registration. For instance, in the state of Maharashtra, the Charity Commissioner is responsible for Trust Registration. The application for Trust registration must include details like Trust name, names of Trustees, mode of succession, etc., The application must include a court fee stamp of Rs.2 and a nominal Trust registration fee, which varies depending on the Trust property and the State of registration.The application must include a certified copy of the Trust deed as well.

The trust registration form once prepared must be signed by the applicant in the presence of the Regional Officer or Superintendent of the Regional Office of the Charity Commissioner or a Notary.

Document Required for Trust Registration

The following documents must be submitted for registration of Trust:

  1. Covering letter for Trust registration to the Official having Jurisdiction
  2. Application Form in Form – Schedule II – Duly Notarised (Download Application for Trust Registration – Maharashtra)
  3. Court fee stamp of Rs.2 affixed to the application form
  4. Certified copy of Trust deed
  5. Consent letter of Trustees

On submission of the application with the requisite documents, the office of Commissioner would enter the name of the Trust maintained by the Commissioner with details like name of the Trust, trust registration number, address of the Trust, names of the Trustees, object of the Trust, description of properties of the Trust and particulars of encumbrances. A copy of the entry into the registry is also provided to the Trust or Trustee for record keeping.

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