Introduction

Establishing a trust in India is one of the most common ways to manage charitable, religious, educational, or social activities. Trusts provide a structured framework for managing assets and funds, but the process of registration and dispute resolution can be complex. Proper legal guidance ensures your trust is legally compliant, protected, and operational.

At Advocate David Chaudhary & Associates, we provide comprehensive legal services for trust registration and trust disputes in Noida, Ghaziabad, and surrounding areas. Our team ensures smooth registration, legal compliance, and resolution of disputes for trusts of all types.

What is a Trust?

A trust is a legal arrangement where a person or group of persons (settlor) transfers property to trustees to manage it for the benefit of beneficiaries for charitable, religious, or social purposes.

• Private Trusts – Created for the benefit of specific individuals or families
• Public Charitable Trusts – Set up for public benefit, including education, health, religion, or social welfare
• Religious Trusts – Created for religious or spiritual purposes, such as temples or mosques

Importance of Trust Registration

• Legal Recognition – Registered trusts are recognized by law and can sue or be sued
• Bank Account & Financial Transactions – Enables opening bank accounts in the trust’s name
• Tax Benefits – Eligibility for Income Tax exemptions under Sections 12A and 80G
• Credibility & Governance – Establishes a clear framework for trustees and beneficiaries
• Protection Against Disputes – Reduces conflicts regarding property management or misuse of funds

Step-by-Step Process of Trust Registration

1. Drafting the Trust Deed – Details of settlor, trustees, beneficiaries, objectives, powers, and responsibilities
2. Name Approval – Ensuring the trust’s name is unique and compliant with state laws
3. Documentation & Verification – Collecting ID proofs, property papers, and notarizing the trust deed
4. Filing with Sub-Registrar – Submission of deed and payment of registration fees
5. Issuance of Registration Certificate – Legal recognition and operational authority

Common Trust Disputes

• Breach of Trust – Trustees misusing trust assets
• Mismanagement of Funds – Financial irregularities, unauthorized expenditures
• Trustee Disputes – Conflicts between co-trustees regarding powers or responsibilities
• Beneficiary Disputes – Issues over entitlement or benefits
• Charitable Purpose Deviations – Using trust property for purposes not mentioned in the trust deed
• Property & Succession Issues – Disputes over donated or inherited property

Laws Governing Trust Registration & Disputes

• Indian Trusts Act, 1882 – Private trusts
• Charitable and Religious Trust Acts – State-specific laws
• Income Tax Act, 1961 – Tax exemptions and compliance
• Civil Procedure Code – Filing civil suits for disputes
• High Court & Supreme Court Judgments – Precedents on trustee duties and beneficiary rights

Forums for Trust Dispute Resolution

• Civil Courts – Breach of trust, property disputes, or financial irregularities
• High Courts – Public charitable trusts and significant legal questions
• Revenue or Charity Commissioners – Issues related to registration or charitable activities
• Supreme Court of India – Exceptional or complex cases

Our Legal Services for Trust Registration & Disputes

• Trust Registration Services – Drafting deeds, registration, and post-registration compliance
• Dispute Resolution – Representing trustees and beneficiaries in courts and tribunals
• Financial Compliance & Tax Advisory – Guidance on 12A & 80G registration and audits
• Property & Succession Matters – Handling disputes over trust-owned or donated property
• Trustee Advisory Services – Legal advice on powers, duties, and obligations