A Trust is a legal arrangement where the owner (Trustor) transfers property to a Trustee for the benefit of a third party. Trusts in India are regulated by the Indian Trusts Act, 1882, and registration is mandatory under this law. Today, trust registration is an online process that requires executing a Trust Deed, which is the most important document for trust registration.

What is a Trust?

A Trust is a structure where the Trustor (or Settlor) transfers property to a Trustee, who holds it for the benefit of specific individuals or the public. The Indian Trusts Act, 1882, governs trust-related provisions and offers various benefits upon registration.


Advantages of Trust Registration

Registering a Trust provides several benefits, including:

Engagement in Charitable Activities
Tax Exemptions for Registered Trusts
Support for Underprivileged Communities
Legal Compliance and Protection
Preservation of Family Wealth
Avoidance of Court Disputes
Simplified Immigration/Emigration Processes
Protection Against Forced Heirship
Tax Mitigation Benefits
Efficient Asset Management


Parties Involved in Trust Registration

The main parties involved in trust registration are:

  • Trustor (Settlor) – The person who creates the trust and transfers assets.
  • Trustee – The individual/entity responsible for managing the trust assets.
  • Beneficiary – The person or group benefiting from the trust.

Types of Trusts in India

1. Private Trust

  • Created for specific individuals.
  • Governed by the Indian Trusts Act, 1882.
  • Can be established inter vivos (during the Trustor's lifetime) or through a will.

2. Public Trust

  • Created for the benefit of the general public.
  • Includes charitable and religious trusts.
  • Governed by multiple laws such as:
    • Charitable and Religious Trusts Act, 1920
    • Religious Endowments Act, 1863
    • Charitable Endowments Act, 1890
    • Bombay Public Trust Act, 1950

3. Public-Cum-Private Trust

  • Serves both public and private beneficiaries.

4. Other Classifications Based on Purpose

  • Investment Trusts (e.g., Mutual Funds, Venture Capital Funds) regulated by SEBI.
  • Simple Trust – Trustee only holds assets without active duties.
  • Special Trust – Trustee actively manages the trust per the Trustor’s wishes.
  • Express Trust – Established through a formal document.
  • Implied Trust – Created based on the parties' intent rather than a written document.

Documents Required for Trust Registration in Jaipur

To register a Trust, the following documents are required:

Identity Proof of Trustor & Trustee (Aadhaar, Voter ID, Passport, or Driving License)
Address Proof of Registered Office (Property Certificate or Utility Bills – Electricity, Water, Telephone)
No Objection Certificate (NOC) from the property owner (if rented)
Objective Statement of the Trust Deed
Details of Trustees and Settlor (ID, Address Proof, and Occupation Details)
Trust Deed (Stamped as per State Requirements)
Passport-size Photographs of Trustees and Settlor
PAN Cards of Trustees and Settlor


Key Inclusions in a Trust Deed

A Trust Deed must include:

Number of Trustees
Registered Address of the Trust
Proposed Name of the Trust
Rules & Regulations to be Followed
Presence of Settlor and Two Witnesses at Registration


Step-by-Step Process of Trust Registration

1. Choose a Trust Name

  • The name must comply with the Emblems and Names Act, 1950 and should not be restricted.

2. Decide the Trustor and Trustees

  • Minimum one Trustor (Settlor) required.
  • Minimum two Trustees needed (no upper limit).
  • The Trustor cannot be a Trustee.

3. Draft the Trust Deed & Memorandum of Association (MOA)

  • Trust Deed serves as legal proof of the Trust’s existence.
  • MOA outlines the Trust's objectives and operational structure.

4. Execute the Trust Deed on Stamp Paper

  • Must be executed on stamp paper (value varies by state).
  • Registration fee: ₹1,100
    • ₹100 – Trust Registration Fee
    • ₹1,000 – Fee for a Certified Copy of the Trust Deed

5. Submit the Trust Deed to the Local Registrar

  • Settlor must sign each page of the Trust Deed photocopy.
  • All Settlor(s) and two witnesses must be present with original ID proofs.

6. Obtain the Certificate of Registration

  • The Registrar will issue the Trust Registration Certificate within 7 working days.

Penalties for Non-Compliance

1. Civil and Criminal Penalties

  • Breach of Trust is punishable under Sections 405-409 of the Indian Penal Code (IPC), 1860.

2. Non-Compliance with Tax Deduction Account Number (TAN)

  • Failure to obtain a TAN can lead to a ₹10,000 penalty under Section 272BB of the Income Tax Act.

3. Failure to File Income Tax Returns (ITR)

  • Non-filing of ITR attracts penalties, but exemptions apply if the TDS certificate is provided within two years.

Impact of Section 12AB on Trust Registration

  • Charitable trusts must re-register under Section 12AB to continue availing tax exemptions.
  • Applicable to trusts already registered under:
    • Section 12A
    • Section 12AA
    • Section 10(23C)
    • Section 80G

Is It Mandatory to E-File ITR for a Trust?

Yes, trusts must file ITR electronically:

With a Digital Signature
Without a Digital Signature (Using Electronic Verification Code)

  • Trusts subject to Section 44AB Audit must file ITR electronically.