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).

2. 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)

3. 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.

4. 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,
along with their identity proof in the original.

5. The Registrar retains the photocopy & returns the original registered copy
of the Trust Deed.

REQUISITES FOR CREATION OF A TRUST

i. there is a founder/settler/author of trust;

ii. there should be person(s) called trustee/trustees;

iii. there is a property of the trust which the settler gives;

iv. there is a person capable to enforce that obligation called cestuique trust;

v. there are beneficiaries who will enjoy benefits out of that property.,

vi. an intention of the author or founder to create a trust;

vii. the purpose of the trust;

viii. transfer of the property to the trustees.

 MODEL TRUST DEED OF A PUBLIC CHARITABLE TRUST

THIS DEED OF TRUST executed on this _______________________ day of

__________________ year 20____, _______________________ BETWEEN
__________________________________________ (Party of the first part) hereinafter
called " SETTLOR OF THE TRUST"
________________________________________________________
________________________________________ AND
_____________________________________ .
1. SHRI. S/O. SHRI , of ____________ &
2. SHRI. S/O. SHRI. , of ____________ &
3. SMT. W/O SHRI. , of ____________
(Hereinafter called " The Trustees" which expression shall unless repugnant to the context
or meaning thereof be deemed to include the survivors or survivor of them and the trustees
or trustee for the time being of these presents and their heirs, executors and administrators
of the last surviving trustee, their or his assignees) of the other part;
WHEREAS the party hereto of the first part is possessed of the sum of Rs. ___________/-
(Rs. __________ Only) as his absolute property and he is desirous of creating a Religious/
Charitable/Educational Trust for the benefit of the humanity at large.
AND WHEREAS each of the parties hereto of the "Other Part" has individually and jointly
has agreed to act as Trustees of the Trust, proposed by the party of the first part.
AND WHEREAS nothing contained in this deed shall be deemed to authorize the trustees
to do any act which may in any way be construed statutory modifications thereof and all
activities of the trust shall be carried out with a view to benefit the public at large, without
any profit motive and in accordance with the provisions of the Income-tax Act, 1961 or any
statutory modification thereof.
AND WHEREAS the trust is hereby expressly declared to be a public charitable trust and all
the provisions of this deed are to be constituted accordingly.

NOW THIS INDENTURE WITNESSTH AS FOLLOWS :

1. SETTLEMENT
The party of the first part, the settlor, does hereby settle the sum of Rs._______ /- (Rs.
__________ only) in Trust, with the name and for the objects hereinafter stated, by
delivering the said amount in cash which the party of the other part, the Tustees, have
accepted the receipt of which they do hereby acknowledge, to hold the same in and to the
Trustees with the powers and obligations as provided hereinafter.
2. NAME
The name of the Trust shall be "____________________________".
3. PLACE
The principal office of the Trust shall be situated at ______________________ or such
other place as the Trustees may from time to time decide. The Trust may also carry on its
work at any other place or places, as decided by the Trustees.
4. OBJECTS
a. Educational – to run, maintain or assist any educational or other institution for
coaching, guidance, conselling or vocational training or to grant individual scholarships for
poor, deserving and needy students for elementary and higher education.
b. Medical – to run, maintain or assist any medical institution, nursing home or
clinics or to grant assistance to needy and indigent persons for meeting the cost of medical
treatment.
c. Relief of the poor – to give financial or other assistance in kind by way of
distribution of books, notebooks, cloths, uniforms, or meals for the poor and indigent and to
the persons suffer due to natural calamities.
d. Other objects of general public utility-
i. to acquire property for the sole use for public
good by making it available for public purposes as for example,
housing a library clinic, crèche and/or as a community ball to be
available for public use as training classes, seminars,
discourses and other public functions for benefit of the
community in general.
ii. to undertake any other activity incidental to the
above activities but which are not inconsistent with the above
objects.

PROVIDED the Trust may assist/donate the other TRUST to carry out the various objects
mentioned in the objects clause in such manner and to the extent the Trustees may decide
upon from time to time.
5. FUNDS
The Trustees may accept donations, grants, subscriptions, aids or contributions from any
person, Government, Local authorities or any other charitable institutions, in cash or in kind
including immovable property without any incumbrance, but the Trustees shall not accept
any receipt with any condition or terms inconsistent with the objects of the Trusts. While
applying such receipts to the objects, the Trustees shall respect the directions, if any, by the
granter. Any receipt with specific direction to treat the same as part of the corpus of the
Trust or separate fund shall be funded accordingly.
6. INVESTMENTS
i. All monies, which shall not immediately required for current
needs shall be invested by the Trustees in eligible securities and investments, or in banks.
Such investments shall be in the name of Trust or Trustees.
ii. That the trustees shall invest the trust fund, carry on any business
with the trust fund and/or enter into partnership on behalf of the trust, as they may deem fit.
iii. That the trustees shall manage the trust fund and investments
thereof as a prudent man would do the same. They shall recover all outstandings and meet
all recurring and other expenses incurred in the upkeep or management
thereof.
iv. That the trustees shall receive and hold the income of the trust on
behalf and for the benefit of the beneficiaries under the trust.
7. POWER OF TRUSTEES
That the trustees shall have the following powers : . to manage
all the assets and/or properties of the trust including the conduct of
business; i. to appoint employees and to settle the terms of their
service, remuneration and termination; ii. to look into the
management of the trust; iii. to invest the funds of the trust, in
bank or in the purchase of company shares or securities or other movable and movable and
immovable properties; iv. to sell, alter, vary, transpose or
otherwise dispose or alienate the trust properties or any investment representing the same
for consideration and to reinvest the same; v. to pledge or
mortgage the trust properties for raising loans; vi. to open the bank
accounts in the name and on behalf of the trust and to operate the
same; vii. To enter into a partnership on behalf of the trust with any
other party or parties; viii. To pay all charges, impositions and other
outgoings payable in respect of the trust properties and also to pay all cost of the incidental
to the administration and management of the trust
properties; ix. To file suit on behalf of the trust and to refer to
arbitration all actions proceedings and disputes touching the trust properties and to
compromise and compound the suits filed; x. To accept any gift,
donation or contribution in cash or in kind from anyone for the objects of the
trust; xi. To seek legal opinion of lawyers and/or Chartered
Accountants as and when required; xii. To nominate their
representatives for any of the aforesaid purposes. 8. The number of the trustees shall
not be less than two but not more than five. 9. In case of any difference between the
trustees, the opinion of the minority shall prevail. 10. Every trustee will be at liberty to
nominate or appoint attorneys or agents and to delegate all or any of the duties and powers
vested in him to such attorney or agent, and to remove such attorney or agent and
reappoint other or others in his place. 11. No trustee shall be responsible or liable for any
loss or any act of omission or commission by his constituted attorney or agent or employees
or other trustees unless occasioned by his wilful neglect or default. 12. Any of the trustees
may retire on giving one month’s notice in writing to the other trustee(s). 13. If any trustee
dies or retires or becomes incapable or unfit to act, the continuing or surviving trustee or
trustees shall appoint a successor in the place of such trustee. 14. If at any time the
number of the trustees is less than two, the existing trustee shall appoint one or more
trustees. 15. Upon the appointment of a new trustee the trust properties shall vest in the
new trustee jointly with the continuing or surviving trustees, with the duties and power of the
trustees set out hereinabove in this deed. 16. If the trust is determined by efflux of time,
the corpus of the trust shall be divided amongst the beneficiaries in the shares as fixed by
the trusees. 17. BANKING ACCOUNT All income, subscription and pecuniary donations
for the general purposes of the Trust and the income, investments and all other moneys
from time to time forming part of the general revenue of the Trust shall on the same being
received be paid into a banking account with any scheduled bank for the purpose of the
Trust. The bank accounts shall be operated by the Managing Trustee along with any one of
the remaining Trustees. 18. ACCOUNTS AND AUDIT . The
Trustee shall keep proper books of account of all the assets, liabilities and income and
expenditure of the Trust and shall prepare an Income and Expenditure Account and
Balance Sheet for every year as on the last day of March. i. The
accounts of every year shall be audited by a Chartered Accountant or a firm of Chartered
Accountants who shall be appointed for that purpose by the Trustees and the audited
accounts shall be placed at a meeting of the Trustees, which shall be held before the end of
the succeeding year. 19. IRREVOCABLE This Trust is
irrevocable. 20. AMALGAMATION The trustees may amalgamate the trust with another
Charitable Trust or Institution having similar objects with prior permission of the Charity
Commissioner/Court/any other law as may be applicable for the time being. 21. WINDING
UP In the event of dissolution or winding up of the Trust the assets remaining as on the date
of dissolution shall under no circumstances be distributed amongst the Trustees but the
same shall be transferred to some other similar Trust/Organisation whose objects are
similar to those of this Trust with the permission of the Charity Commissioner / Court / any
other law as may be applicable for the time being. The Trustees shall be indemnified
against all losses and liabilities incurred by them in the execution of the Trust and shall have
a lien over the funds and properties of the Trust for such indemnity. IN WITNESS
WHEREOF, The Parties hereunto have signed and delivered the presents on the day and
year first hereinabove
written. SETTLOR WITNESS
: 1. TRUSTEE ____________
1. 2. TRUSTEE ____________
2. 3. TRUSTEE ____________

Read more at: http://www.lawyersclubindia.com/forum/MODEL-TRUST-DEED-OF-A-

PUBLIC-CHARITABLE-TRUST-1120.asp