Where is a trust registered?
A private trust is created when the author of the trust declares, and the trustee accepts, an obligation annexed to property for a beneficiary. That is section 3 of the Indian Trusts Act, 1882. Where the trust is then recorded depends on whether it is private or public, and on the state. It is not a filing with the Registrar of Companies.
Which law applies?
The 1882 Act governs a private trust. A trust of immovable property is registered with the Sub-Registrar under the Registration Act, because a non-testamentary instrument of that kind is registered there. A public charitable or religious trust is registered with the authority that state has set up, often a charity commissioner or the same Sub-Registrar, as that state’s law says. This page does not quote a fee, and it does not name one office for every state.
What does the deed name?
The deed names the author, the trustee, the beneficiary, the property, and the purpose. The trustee holds the property for the beneficiary. The trustee is not a shareholder, and the beneficiary is not a member of a company. Identity and the address of the office are what the registering authority asks for. A universal list of photographs and a no-objection letter is not set by the 1882 Act.
What is a trust not?
It is not a section 8 company, and it is not a society. Registration of the deed does not exempt income. An application under the Income-tax Act is separate. Whether a charitable trust must register for goods and services tax is on the GST page.
Frequently asked questions
Four questions cover the year of the Act, one national office, income tax, and a section 8 company.
Is the Act of 1880?
No. The Indian Trusts Act is 1882. Section 3 of that Act is the definition of a trust.
Is every trust filed with one national registrar?
No. A private trust of immovable property is registered with the Sub-Registrar under the Registration Act. A public charitable trust uses the authority that state has named. There is not one office for every state.
Does registration exempt income?
No. An exemption under the Income-tax Act is a separate application. The trust deed does not grant it.
Is a trust a section 8 company?
No. A section 8 company is incorporated with the Registrar of Companies. A society is registered with the Registrar of Societies. A trust is neither.
Sources
A private trust is the Indian Trusts Act, 1882. A public charitable trust follows the state. A section 8 company and a society are different.