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Trust Registration in India – Start Your Charitable Trust with N D Savla & Associates
Planning to establish a non-profit or charitable trust in India? A registered trust provides legal structure, credibility, and access to tax exemptions under Indian law.
At N D Savla & Associates, we offer expert-led Trust Registration services in India—from preparing your Trust Deed to securing your registration certificate and obtaining tax exemptions under 12A and 80G. We handle the legalities while you focus on your charitable mission.
Contact us today to kick-start your Trust registration process!
What is a Trust?
A Trust is a legal arrangement where the trustor (settlor) transfers specific assets to a trustee, who manages them for the benefit of one or more beneficiaries. It is formed with the intent to support charitable, educational, medical, religious, or public welfare purposes.
Trusts in India are governed primarily by the Indian Trusts Act, 1882, and must be registered with the Registrar of Trusts to obtain legal recognition.
Key Parties in a Trust
| Role | Description |
|---|---|
| Trustor / Settlor | The person who establishes the Trust and donates assets. |
| Trustee | The individual/entity responsible for managing the Trust. |
| Beneficiary | The person or group who benefits from the Trust. |
Types of Trusts in India
Understanding the types of trusts is crucial before registration:
Public Trust
Formed for charitable or religious purposes
Benefits the general public
Regulated by state-specific acts (e.g., Bombay Public Trust Act, 1950)
Private Trust
Formed for specific individuals, families, or private groups
Governed under the Indian Trusts Act, 1882
Public-cum-Private Trust
Serves both public and private beneficiaries
Income is used partly for charitable purposes and partly for personal beneficiaries
Why Trust Registration is Important
Registering your trust is a legal requirement that ensures transparency and unlocks several benefits:
- Legal Validity
- Tax Exemptions under 12A and 80G
- Public Credibility
- Eligible for Grants and Donations
- Regulated Governance Structure
- Protects Trust Property from Misuse
Benefits of Trust Registration
| Benefit | Description |
|---|---|
| Tax Exemptions | Get exemptions under Section 12AA & 80G of the Income Tax Act |
| Charitable Impact | Support underprivileged sections through education, healthcare, etc. |
| Legal Protection | Safeguards assets and prevents unauthorized claims |
| Inheritance Planning | Helps preserve family wealth |
| Probate Avoidance | Ensures smooth transfer of assets to beneficiaries |
| Global Asset Management | Useful in immigration/emigration scenarios |
Requirements for Trust Registration
To register a charitable trust, ensure the following:
Minimum 2 individuals are required to form a Trust
All parties must be competent and not disqualified by law
The objectives must be legally valid and non-commercial
Activities should align with the trust deed
Must not be against public interest or any Indian law
Key Clauses of a Trust Deed
The Trust Deed is a legally binding document and must include:
Name & duration of the Trust
Registered office address
Aims and objectives
Details of Settlor, Trustees, and Beneficiaries
Trust property and mode of transfer
Powers and duties of trustees
Amendment and dissolution clauses
The Trust Deed must be executed on stamp paper of appropriate value, based on the trust’s assets and state law.
Documents Required for Trust Registration
Before starting the registration process, ensure you have:
Trust Deed (with appropriate stamp duty)
Two passport-size photos of each party
PAN Card of Settlor and Trustees
Address and Identity Proof (Aadhaar/Voter ID/Passport)
Utility Bill of Registered Office
NOC from property owner (if rented)
MOA (Memorandum of Association) outlining trust objectives
For tax benefits:
Application for 12A and 80G registration
Step-by-Step Trust Registration Process with N D Savla & Associates
Here’s how we simplify the entire process for you:
Step 1: Choose a Name for Your Trust
Ensure the name is unique and not protected under IP laws (Trademarks, Emblems Act, Copyright Act).
Step 2: Decide on Trustees and Settlor
Minimum of 2 trustees required; author of the trust cannot be a trustee.
Step 3: Draft the Trust Deed
This is the backbone of your trust. Our experts draft a legally sound, customized Trust Deed aligned with your goals.
Step 4: Submit to the Registrar
The deed and all necessary documents are submitted to the local Registrar of Trusts.
Step 5: Obtain Trust Registration Certificate
Upon successful verification, you receive the Trust Registration Certificate, which confirms your trust’s legal existence.
Step 6: Apply for 12A and 80G Registration
To avail of tax exemptions and attract donors, we help you apply for:
12A (Income Tax Exemption for Trusts)
80G (Tax Deduction for Donors)
Post-Registration Compliance
Once your Trust is registered, you must:
File annual reports and audited financials
Maintain proper account books
Renew 80G & 12A certificates (if needed)
Adhere to FCRA guidelines (for foreign funding)
Comply with applicable state and central laws
Trust Winding Up
If the Trust needs to be dissolved, the remaining assets must be transferred to another trust with similar objectives, in line with:
Provisions in the trust deed
Income Tax Act
Charity Commissioner / Court approvalsUnlawful dissolution or asset mismanagement can lead to legal consequences.
How N D Savla & Associates Helps with Trust Registration
At N D Savla & Associates, we simplify your journey from idea to execution with expert-led services:
- Trust Deed Drafting
- MOA & Trust Objectives Finalization
- End-to-End Registration with Registrar
- 12A and 80G Application
- Legal Advisory for Compliance
- Ongoing Support and Consultation
Whether you’re setting up a family trust, an NGO, or a religious/charitable trust—we ensure full legal compliance, tax benefits, and quick turnaround.
