**Trust Registration**
**Registration of Charitable Trust**
A public charitable trust in India can be established by any person competent to contract, with purposes including relief of poverty, education, medical relief, or the advancement of general public utility. A public charitable trust may be 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:
– **Clear Intention:** The settlor must have a clear intention to create a trust.
– **Purpose:** Details of the trust’s purpose must be outlined.
– **Trust Property:** Information about the property being placed in the trust.
– **Beneficiaries:** Identification of the trust’s beneficiaries.
– **Divestment:** The settlor must divest ownership in favor of the beneficiaries or trustee.
**Procedure for Trust Registration**
1. **Application:** Submit an application for trust registration to the official with jurisdiction in the state where the trust is to be registered. For example, in Maharashtra, this would be the Charity Commissioner. The application must include:
– Trust name
– Names of Trustees
– Mode of succession
– Court fee stamp (amount varies)
– Nominal trust registration fee (amount varies based on trust property and state)
– Certified copy of the Trust Deed
2. **Signatures:** The trust registration form must be signed by the applicant in the presence of the Regional Officer, Superintendent of the Regional Office of the Charity Commissioner, or a Notary.
**Documents Required for Trust Registration**
– Covering letter addressed to the official with jurisdiction
– Application Form in Form – Schedule II, duly notarized
– Court fee stamp (amount as per state regulations)
– Certified copy of the Trust Deed
– Consent letter from Trustees
Upon submission of the application and required documents, the Commissioner’s office will enter the trust’s details into the registry. This includes the trust name, registration number, address, names of trustees, object of the trust, description of trust properties, and particulars of encumbrances. The trust or trustee will receive a copy of the entry for record-keeping purposes.