Trust Registration & Trust Deed Services

Trust Registration in India: Private and Charitable Trusts

A trust is a legal arrangement under which a settlor transfers property to trustees, who hold and manage it for the benefit of named beneficiaries or a charitable purpose. Private trusts in India are governed by the Indian Trusts Act, 1882, while charitable and religious trusts formed in Maharashtra are additionally governed by the Maharashtra Public Trusts Act, 1950, and must be registered with the office of the Charity Commissioner.

VIVS Legal assists with drafting trust deeds, advising on the appropriate trust structure, and managing the registration process for both private family trusts and charitable trusts.

How VIVS Legal assists with trust matters

Trust deed drafting

Drafting trust deeds that clearly define the settlor, trustees, beneficiaries, trust property and the terms of administration.

Private family trusts

Structuring trusts for succession planning, asset protection and management of property for family members.

Charitable trust registration

Registering charitable and religious trusts with the Charity Commissioner under the Maharashtra Public Trusts Act, 1950.

Trust deed registration

Registering the trust deed under the Registration Act, 1908, where the trust involves immovable property.

Trustee and beneficiary disputes

Advice and representation in disputes concerning trustee conduct, breach of trust or beneficiary entitlements.

Trust deed amendment and dissolution

Advising on modification of trust terms where permitted, and the process for winding up a trust.

Frequently asked questions

What law governs private trusts in India?

Private trusts are primarily governed by the Indian Trusts Act, 1882, which sets out the duties and powers of trustees and the rights of beneficiaries.

Is registration of a trust deed mandatory?

Registration is mandatory where the trust involves immovable property, under the Registration Act, 1908. Charitable and religious trusts in Maharashtra must additionally be registered with the Charity Commissioner under the Maharashtra Public Trusts Act, 1950.

What is the difference between a private trust and a charitable trust?

A private trust benefits specific named individuals, typically family members, while a charitable trust is established for a public or charitable purpose and is subject to additional regulatory oversight.

Who can be a trustee?

Any person capable of holding property can generally act as a trustee, subject to the terms of the trust deed and any restrictions it specifies.

Can a trust deed be changed after registration?

Amendment is possible only to the extent permitted by the trust deed itself or by law, and often requires a supplementary deed and, where applicable, further registration.

What happens if a trustee breaches their duties?

Beneficiaries can seek remedies through the courts, including removal of the trustee, an account of trust property, and compensation for loss caused by the breach.

Legal notice: This page provides general information, not legal advice. No lawyer-client relationship is formed by viewing the page or sending an enquiry. Engagement, scope and fees must be confirmed in writing.