**Trust Registration**
**Registration of Charitable Trust:**
In India, a public charitable trust can be established by any person competent to contract for purposes such as relief of poverty, education, medical relief, or advancement of any object of general public utility. Charitable trusts can be either registered or unregistered. This guide outlines the procedure for registering a charitable trust.
**Creation of Trust:**
To create a public charitable trust, the following prerequisites must be met:
– **Intention:** A clear intention by the settlor (the person creating the trust) to establish a trust.
– **Purpose:** Detailed description of the trust’s purpose.
– **Property:** Details of the trust property.
– **Beneficiaries:** Identification of the beneficiaries.
– **Divesting Ownership:** The settlor must divest ownership of the property in favor of the trustee or beneficiaries.
**Procedure for Trust Registration:**
1. **Application Submission:**
– Submit an application for trust registration to the official with jurisdiction in the relevant state. For example, in Maharashtra, the Charity Commissioner handles trust registration.
– The application must include details such as the trust’s name, names of trustees, mode of succession, and other pertinent information.
– Affix a court fee stamp of Rs. [amount] and a nominal registration fee, which varies based on the trust property and state of registration.
– Include a certified copy of the trust deed with the application.
2. **Signature and Notarization:**
– The registration form 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.
**Documents Required for Trust Registration:**
1. **Covering Letter:**
– A covering letter addressed to the official with jurisdiction, requesting trust registration.
2. **Application Form:**
– Application Form in Form – Schedule II, duly notarized.
3. **Court Fee Stamp:**
– Affix a court fee stamp of Rs. [amount] to the application form.
4. **Trust Deed:**
– Certified copy of the trust deed.
5. **Consent Letter:**
– Consent letters from all trustees.
**Post-Submission Process:**
Upon submission of the application with the requisite documents:
– The Commissioner’s office will record the trust’s details, including the trust’s name, registration number, address, names of the trustees, trust’s objectives, description of the trust properties, and any encumbrances.
– A copy of this entry into the registry will be provided to the trust or trustee for record-keeping.
By following these steps and ensuring all documents and prerequisites are in place, a charitable trust can be successfully registered and recognized legally.