Unregistered private trust
bhavya
(Querist) 12 November 2018
This query is : Resolved
can a unregistered private trust apply for PAN on the basis of notarized trust deed of such trust as proof of identity and proof of address.
Guest
(Expert) 12 November 2018
It would not be the concern of the bank whether it is Registered or Un Registered Trust and an Current a/c could be opened with the proofs of the person going to operate the account
bhavya
(Querist) 12 November 2018
To Sir,
I am going to apply for Pan Application and in proof of identity and address they mentioned only two things, 1) Copy of trust deed or 2) trust registration number. So my question is that Is notarized copy of trust deed valid for this concern or I need to registered my private specific trust first ?
Guest
(Expert) 12 November 2018
For Pan Application it should be a Registered Deed to obtain pan for the Trust.
Guest
(Expert) 12 November 2018
Why did you modify the Query Please.
Kumar Doab
(Expert) 12 November 2018
The additional facts may be posted in subsequent posts by querist(s).
Querist(s) Pls don’t modify the Original query in previous posts.
bhavya
(Querist) 13 November 2018
Sorry sir, but I didn't modify my query, I just more clarified my question that expert can understand situation more better. As you seen I asked about Pan application in my both queries, but may be expert misunderstood it with bank application, hence I need to clarify it. And thanks for the help.
Adv. Yogen Kakade
(Expert) 13 November 2018
What is notary stamped trust deed? it is not valid. There is a specific and prescribed way of registration of a trust and you have to follow the same to validate the registration.
It is advisable to get it registered at the office of the proper authority and then apply for the further documents. And as mentioned by Mr. Rajkumar, no bank shall entertain you for opening the account without proper and authenticated documents.
Kumar Doab
(Expert) 13 November 2018
As per your post the query was not modified.
You may refer to the rules/laws applicable in state where the trust is and where IT want to operate for IT’s activities as per IT’s intended objects.
The counsel/Law firm engaged by the trust can opine on all matters pertaining to trust.
Kumar Doab
(Expert) 13 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Trust/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g;, Civil courts, HC, SC …
You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably specializing in Trust/Civil matters.
You may also check with charity commissioner or registrar of cooperative society or any other competent authority..and Bank/banker with whom you want to open a/c and also LOCAL center of UTITSL/NSDL etc where you want to apply for Pan card..
And GO thru; requirement narrated in application e.g;
a) Requirements:
(i) Copy of Agreement or copy of certificate of registration number issued by charity commissioner or registrar of cooperative society or any other competent authority or any other document originating from any Central or State Government Department establishing identity and address of such person.
(ii) Proof of address of residence stated in the application
(iii) Copy of trust deed or copy of certificate of registration number issued by Charity Commissioner.
Generically speaking; if the trust is having immovable properties the registration should become unavoidable, mandatory.
In the meantime you may go thru; Income Tax Act;12A, 12AA
