registraion of trust deed

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

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 :

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

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.

Registration under Income-tax Act

1. Charitable or religious trusts, societies and companies claiming exemption under sections 11 and 12 of the Income-tax Act are required to obtain registration under the Act. Private/family trusts are neither allowed such exemption nor required to seek registration under the Income-tax Act. The detailed procedure is as under :

2. Registration of Trust under Income-tax Act procedure for registration u/s. 12AA of I.T. Act.

   1. Application for registration in Form No.10A in duplicate.

   2. List of Name and Address of the Trustees

   3. Copy of Registration Certificate with Charity Commissioner or copy of application to him.

   4. Certified True Copy of the Trust Deed.

   5. PAN No. or Copy of application of the Trust.

   6. PAN of the trustees.

3. Procedure for registration (Sec 12AA)
   The Commissioner, on receipt of an application for registration of a trust or institution made under clause (a) of section 12A, shall –

   1. call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust or institution and may also make such inquiries as he may deem necessary in this behalf; and

   2. after satisfying himself about the objects of the trust or institution and the genuineness of its activities he –

      1. shall pass an order in writing registering the trust or institution;

      2. shall, if he is not so satisfied, pass an order in writing refusing to register the trust or institution,

      and a copy of such order shall be sent to the applicant.

   Provided that no order under sub-clause (ii) shall be passed unless the applicant has been given a reasonable opportunity of being heard.