Governing Act: State Public Trusts Acts (where applicable) / Indian Trusts Act, 1882 (Private Trusts); Registration Act, 1908; Income-tax Act, 1961
Relevant Sections: Section 17 Registration Act; Sections 11, 12, 12AB & 80G Income-tax Act
Official Portal: State Stamps & Registration Portal / Sub-Registrar Office; Income Tax e-Filing Portal (incometax.gov.in)
Statutory Fee: State-specific stamp duty on trust deed plus Sub-Registrar registration fees
Trust Registration in India involves the legal formation of a trust whose governing framework depends on the trust's nature and state jurisdiction. Private trusts are governed nationally by the Indian Trusts Act, 1882. However, the Indian Trusts Act expressly excludes public charitable and religious trusts.
Public charitable trusts are governed by state-specific legislation where enacted (such as the Maharashtra Public Trusts Act, 1950 in Maharashtra and Gujarat, or the Rajasthan Public Trust Act) or executed through a registered Trust Deed before the jurisdictional Sub-Registrar of Assurances under the Registration Act, 1908 in states without separate public trust statutes.
Crucially, trust deed registration establishes the entity, but does not automatically confer income tax exemptions. Charitable status for tax purposes requires separate application to the Income Tax Department: Form 10A for provisional/regular registration under Section 12AB (exemption of income) and Section 80G (tax deduction for eligible donors).
₹19999 / Fixed
A: The Indian Trusts Act, 1882 governs private trusts and expressly excludes public charitable or religious trusts. Public charitable trusts are governed by state-specific Public Trusts Acts (e.g. in Maharashtra and Gujarat) or registered via a Trust Deed before the Sub-Registrar under the Registration Act, 1908 in states without separate public trust laws.
A: No. Registering the Trust Deed before the Sub-Registrar merely creates the legal entity. To secure income tax exemption on donations and income, the trust must separately apply to the Income Tax Department under Section 12AB and Section 80G using Form 10A on the e-Filing portal.
A: A public charitable trust generally requires a minimum of two trustees and one settlor (author of the trust). The settlor may also serve as a trustee. There is no statutory upper limit on the number of trustees unless specified in the trust deed.
A: Registered trusts must: (1) Maintain books of accounts; (2) Obtain an audit report in Form 10B/10BB from a Chartered Accountant if income exceeds the basic exemption limit; (3) File annual income tax return in Form ITR-7 by the statutory due date; (4) Submit statement of donations in Form 10BD annually.