Trust Registration
Setting up a trust with a deed that correctly reflects whether it is private or public, since that single distinction decides which law governs it and what tax treatment applies.
A trust is created when the author of the trust transfers property to a trustee for the benefit of a beneficiary, and it is registered by executing a trust deed and presenting it before the jurisdictional sub-registrar under the Registration Act, 1908. A private trust for specific, identifiable beneficiaries is generally governed by the Indian Trusts Act, 1882, while a public trust for charitable or religious purposes serving the public at large is governed by the relevant state Public Trusts Act, and the two carry very different tax and compliance consequences.
What our trust registration service covers
Choosing the right trust type before drafting the deed, not after.
- Advising on whether a private or public trust structure fits the intended purpose and beneficiaries
- Drafting the trust deed covering the objects, trustees, beneficiaries, and powers of the trustees
- Appointing the settlor, trustees, and where applicable, the initial corpus of the trust
- Registering the trust deed with the jurisdictional sub-registrar under the Registration Act
- Applying for the trust's PAN and opening a bank account in the trust's name
- Advising on follow-on registrations such as 12AB and 80G for public charitable trusts
What decides how a trust is treated legally
The distinctions that determine which law and tax rules apply.
Private vs Public Trust
A private trust benefits specific, identifiable individuals, while a public trust serves an indefinite, general public purpose such as education, relief of poverty, or religion.
Trust Deed
The foundational document naming the settlor, trustees and beneficiaries, describing the trust property, and setting out the trustees' powers and duties.
Registration & Stamp Duty
Registration before the sub-registrar, with stamp duty payable based on the value of the trust property and the state in which the deed is executed.
PAN & Bank Account
A trust needs its own PAN and bank account to receive contributions or income and to operate independently of the settlor's personal finances.
Our process
From initial consultation to completion.
Choosing the Structure
Determining whether a private or public trust matches the intended beneficiaries and purpose.
Deed Drafting
Drafting the trust deed with objects, trustee powers, and beneficiary details.
Sub-Registrar Registration
Executing and registering the deed, with applicable stamp duty paid.
PAN, Bank & Follow-on Registrations
Applying for PAN, opening the bank account, and pursuing 12AB/80G where the trust is charitable.
Why trust deeds get challenged later
What sets our approach apart.
A private trust drafted like a public one loses tax benefits
Confusing the two structures at drafting stage can disqualify the trust from the tax treatment its founders actually wanted.
Vague trustee powers invite disputes among successors
Trust deeds that don't clearly define trustee succession and decision-making authority create disputes when the original trustees are no longer involved.
Under-stamped deeds face validity challenges
A trust deed that is not adequately stamped can face evidentiary difficulties if the trust or its property is ever challenged in court.
Trust Registration questions answered
What people ask before engaging us.
Ready to set up your trust correctly?
We will confirm the right structure, draft the deed, and complete registration with the sub-registrar.
