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Keerthy Raj C M (BA., LL.B.)     27 June 2018

about making of trust and its purpose

making a declaration of trust in between diety of temple without registering the temple is it proper?


Learning

 1 Replies

Vanshika Kapoor   24 July 2018

Hello Keerthy,

Firstly, you will have to get the temple registered by following the below mentioned steps:

I) But before you register your trust you will need to decide the following:

a) Name of the trust

b) Address of the trust

c) Objects of the trust(charitable or Religious)

d) One settler of the trust

e) Two trustees of the trust

f) Property of the trust-movable or immovable property (normally a small amount of cash/cheque is given to be the initial property of the trust, in order to save on the stamp duty).

(II) Prepare a Trust Deed on stamp paper of the requisite value (8% of the
value of property of the trust in Delhi. The rate varies from state to state)

(III) Requirement for registration of Trust Deed with the Local Registrar under
the Indian Trusts Act, 1882:

a) Trust Deed on stamp paper of requisite value (as stated on point no.2 above)

b) One passport size photograph & copy of the proof of identity of the settler

c) One passport size photograph & copy of the proof of identity of each of the two trustees.

d) One passport size photograph & copy of the proof of identity of each of the two witnesses.

e) Signature of settler on all the pages of the Trust Deed

f) Witness by two persons on the Trust Deed.

(IV) Go to the local registrar & submit the Trust Deed, along with one
Photocopy, for registration. The photocopy of the Deed should also
contain the signature of settler on all the pages. At the time of registration,
the settler & two witnesses are required to be personally present,
alongwith their identity proof in the original.

(V) The Registrar retains the photocopy & returns the original registered copy
of the Trust Deed.

 

Secondly, to declare the temple as a trust, follow the steps below:

TRUST DEED FOR ESTABLISHMENT OF A TEMPLE :
 

THIS TRUST DEED is made between Sh.______________ s/o Sh. _____________r/o _________________ hereinafter referred to as "the Donor" of the one part 

AND 

Sh. __________________, Sh.__________________, and Sh._______________ (hereinafter referred to as "the trustees," which expression shall include the trustee or trustees for the time being) of the other part. 

WHEREAS the founder is desirous of establishing a Hindu temple for worship and for promoting and encouraging Hindu culture and philosophy and for the said purpose proposes to provide a plot of land located at ___________ more specifically stated in the schedule enclosed hereto and also to settle a sum of Rs.________ on trust to the trustees for building of temple at the said plot of land. 

NOW THIS DEED WITNESSETH AS FOLLOWS: 

1. Per his desire, the Donor hereby transfers, assigns and convey, ALL that land stated in schedule I enclosed hereto and sum of Rs.____________ for establishing a Hindu temple for worship and for promoting and encouraging of Hindu culture and philosophy. 

2. The trustees shall use the money as laid by the donor for building a temple on the said plot of land as per the plan given in schedule II enclosed hereto and on completion of the said temple the deities of ________________________ shall be installed thereon according to Hindu rites/ceremonies. 

3. The trustees shall be empowered in appointing/removing such no. of priests for doing Puja and for celebrating festivals and other employees for the maintenance and upkeep of the temple as deemed fit. 

4. The expenditure temple and expenditure on celebrating festivals shall be met out of the income of the temple i.e. donation/money offered to the deities. It is deficient, the expenditure can satisfied out of corpus of trust fund. If found surplus, the Trustees shall be empowered in investing such surplus funds in securities/bonds as deemed fit. 

5. The trustees be empowered in borrowing money for the expenditure of temple against security of the trust property excepting temple. 

6. The trustees shall keep a proper accounts books for donation/money offered to deities and for on expenditure spent on different accounts, daily. The trustees shall get the accounts audited by a Chartered Accountant as per enactments of Income Tax Act. 

7. Only majority decision of trustees will adjudge matters of trust. 

8. If vacancy falls among the trustees owing to death or resignation or incapability of any trustee or otherwise the donor shall select other trustee for fill up the vacancy and the donor is dead, the remaining trustees shall make the selection. 

9. The trust shall be a public charitable trust and the trust fund shall in no case revert to the donor of the trust or any of his descendents or to any other person. 

10. The trust fund shall not be used for any other object excepting those for which the trust has been made. 

IN WITNESS WHERE OF, the parties hereunto have signed this 

Date 

Place. 

Witness

1. The Founder 

2. The Trustee 


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