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Definition of Trust

Creation of a trust, particularly relating to an immoveable property is also a specie of transfer of property. Trust is defined in section 3 of the Trust Act, 1882 as ” an obligation annexed to the ownership of property and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another or of another and the owner. In simple words it is a transfer of property by the owner to another for the benefit of a third person alongwith or without himself or a declaration by the owner, to hold the property not for himself and another.

Requirements of a Trust


A trust is not a contract of agency to hold the property, as in that case there would be no transfer of the property. In trust there is a transfer from the owner to the trustee subject to certain terms and conditions. Bailment is also a kind of trust, but in bailment also there is no transfer of any interest in the property, but only a transfer of possession without ownership. Thereof, a trust is essentially a transfer of property by one to the other to be held by the other for the benefit of some person or for carrying out some object. It is no also a sale because a sale cannot be conditional and in sale there is consideration which is absent in a trust. The purpose of a trust must be lawful, that is,

1. It should not be forbidden by law.
2. It should not be of such nature that, if permitted it could defeat the provisions of any law.
3. It should not be fraudulent.
4. It should not involve or imply injury to the person or property of another or
5. It should not be such as would be regarded by a court as immoral or opposed to the public policy.

Where a trust is created for two purposes one of which is lawful and the other is not and the two purposes cannot be separated, the whole trust is void.

Creation of Trust

A trust of immoveable property can be created by two ways. One by a non-testamentary document and another by a testamentary document such as a will. In other words, a trust regarding a immoveable property cannot be created orally but it must be by a document duly registered. A trust of a moveable property can be created either by a document or delivering the property to the trustee with necessary oral directions. If the directions are given in writing it would amount to a trust by a non-testamentary document which may or may not be registered.
A person who creates a trust is called the settlor, the person to whom the the property is transferred on trust is called a trustee and the person for whose benefit the property is transferred is called the beneficiary or “cestuique trust” .

Deed of Trust


A trust relating relating to an immoveable property is required to be created by a document and such document must state and contain five essential things with reasonable certainty namely :

1. the intention on the part of the author of the trust or settlor to create a trust.
2. the purpose of the trust.
3. the beneficiary.
4. the trust property, and
5. transfer of the property to the trustee.


Declaration of Trust

A trust can also be created by the author himself declaring that he would hold the property, not as owner, but as a trustee for the benefit of some person or persons including himself and in that case the transfer of property is not necessary as one need not transfer his property but in such a case the declaration of trust is by the owner and he alone should be the trustee. Such a declaration would, however, require registration under the Registration Act.

Testamentary Trust


A trust can also be created by a testamentary document that is by Will and the same conditions as mentioned in Section 6 of the Trust Act are required to be fulfilled. such a Will also does not require registration

A trust is also created :

1. by application of employed trust or
2. as a constructive trust or
3. as derivative trust.
4. But they are created by fiction by of law and cannot be subject matter of conveyancing

Who can Create a Trust

A Trust can be created by any person competent to contract or even by a manner with the authority of a competent court and respect of any property which is transferable and over which the author of the trust has dispossessing power.

Private & Public Trust:

A Trust may be Private and Public.
When the purpose of the trust is to benefit an individual or a group of individuals or his or their descendants for any legal person and who is capable of holding property, it is a private trust.

When the purpose of the trust is to the benefit the public or any section of the public, it is public trust.

Who can be a Trustee?

A trustee can be any person that is, an individual or a corporate body or a corporate sole, capable of holding property and competent to contract. and he must accept the trust.

A Trust can be created by any of the following methods:

    • By Trust Deed
    • By Will
    • By Transfer of Property



By Trust Deed

A trust declared inter vivos or by the acts of the parties is to be supported and evidenced by a non testamentary instrument in writing and signed by the author of the trust and the trustee (i.e trust deed). There is no prescribed form of a trust Deed. Any words which indicate the intention of the author that the property of which he is the legal owner, shall beneficially be another’s is sufficient. A trust in relation to an immoveable property must be supported by a trust deed, unless it is declared by a will, and must be registered.

A trust declared by a non testamentary instrument comes into effect from the date specified in the instrument or the date of its execution, where the date is not specified.

Necessity of Trust Deed

A trust can be created orally but in such cases it is necessary to prove that there was either an express declaration as to the trust or that there is evidence of language or expressions used by or facts and conduct of the owner of the property to indicate with reasonable certainty that trust was created. In order to remove ambiguity and disputes, it is always advisable to create a trust by a written trust deed.

Registration of Trust Deed

As Trust deed is non mandatory requirement, the registration so is not statutorily required but it is always desired. A registered trust deed has the following advantage:

        • A registered trust deed is an official document enforceable by law.
        • A registered deed effectuates transmutation of possession. The registration of trust deed , in the absence of an intention to the contrary, is enough to convey the title to the trust property to the trustee even if the trust deed is not delivered to the trustee.
        • A conveyance of the trust property to the trustee, under a registered deed is generally, not open to challenge, except where there is no intention to act upon the deed.


By Will

A person may declare his intention to create a trust in respect of his property or any part thereof by way of a will. A will according to the Indian Succession Act must be in writing and signed thereof by all testators in presence of two witnesses. A trust declared under will , shall came into existence.

By Transfer of Ownership

A trust in relation to moveable property can be formed also by mere of ownership of the property or the trustee with a direction that the property be held under trust for the benefit of the beneficiary. The ownership of a moveable property can be transferred by physical act of handing over the possession of the property.

In case where the author himself is the trustee, transfer of possession is neither necessary nor possible and mere declaration of the author that he holds the property under trust would be sufficient to constitute a trust.

Registration Procedure


Trust Registration Procedure in India

The Commissioner/Registrar, on receipt of an application for registration of trust shall within the expiry of six months from the end of the month in which application was received for registration shall move along with in the under listed manner :

The Commissioner may call upon for necessary documents in order to satisfy himself about the genuineness of activities of the trust and can also make necessary inquiries.


After being satisfied about the nature, objects and the genuineness of the trust or institution he may –

i. Pass an order in writing registering the trust or institution.

ii. Pass an order in writing refusing registration of trust or institution, if he is  not so satisfied by the documents submitted to him by the trust.

iii. Give the applicant a reasonable opportunity of being heard in case (ii).

iv. Sent a copy of such order to the applicant.
If after granting registration subsequently the commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out non-parallel in relation to its objects, then he may pass an order in writing, cancelling the registration of trust or institution, after giving such trust or institution a justifiable opportunity of being heard

Procedure of Trust in India under 12AA – NEW TRUST


Preparing Trust Deed:
1. Give the objective
2. Give details of trustees: Name, Father’s Name, Age, and Residential Address.
3. Give name of the proposed trust
4. Pay the necessary Drafting Fee including Stamp paper

Registration u/s 12AA:
1. Obtain the trust deed copy.
2. Register the trust deed at the local registrar office.
3. Prepare Round seal, Address seal, Flat seal.
4. Prepare Letter Head.
5. Take 4 Photocopies (Xerox) of the Trust Deed.
6. Obtain Signature of the Managing Trustee in the Last Sheet of the Trust Deed Photocopy.
7. Pay the necessary Fee for obtaining Registration Certificate
8. Sign form 10A


1. Take Four to Five Photographs of Trust Activities.
2. Bring the photographs, intimation letter from Income-Tax department, Letter Head and Flat Seal.



Obtain 12A Certificate.

Documents & Information Required for registration of Trust:

These information & documents are required for registration of trust:

1. Id proof of at least three persons
2. Address proof of at least three persons
3. Name & Activities of proposed trust
4. Address proof of Registered address of proposed trust
5. 2 passport size photos of atleast three persons.



Trust Registration services are currently available in our head office Patna only.


Please Use Resources – List of Documents Required Tab tab to know about documents required for registration at current date.