Trust Registration in Tamilnadu
There are various types of Trust in India, such as;
- Revocable;
- Testamentary
- Irrevocable
- Charitable
- Asset protection
- Spendthrift
- Special needs
Benefits of Trust Registration:
To Involve In Charitable Undertakings
A Charitable Trust is primarily a way to set up your assets to benefit you, concerned beneficiaries, & a charity simultaneously. Such Trust could render various advantages for a person seeking to aid society with nonessential assets, such as stocks or real estate.
Accessibility to Tax Exemptions
All registered trusts in India have access to several tax exemptions offered by the Income-tax department. Since the object of the Trust doesn’t revolve around profit generation, like NGOs, they are eligible to avail of various tax relaxations. However, such a benefit is only available to trusts that have a registered deed at their disposal.
Trusts are very useful in ensuring taxation relaxation on capital and income. The Trust may facilitate better coverage for the settlor, the beneficiaries & the trust assets from stringent tax provisions.
Provide Benefits to Financially Aggrieved Individual
The registered Trust facilitates much-needed financial aid to the poor people and the masses via charitable activities.
Encounter Minimal Legal Hindrances
The Indian Trusts Act, 1882, ensures comprehensive legal protection for the Trust. It also prevents any third party to make an unnecessary claim that could endanger the legal standing of Trust.
Ensures Legal Coverage for the Family Wealth
Trust can be used to allocate specific assets such as land/an interest in the entity formed by the family, which otherwise would not be practical for a trustor to split between individuals.
Avert Probate Cour
Anybody can leverage trust registration as a tool for transferring an asset to the heir in the absence of a Will. As the legal title of the assets transfers from the settlor to the Trustee in the case when they are "settled", there is no change of ownership after settlor's demise, thus evading the requirement for probate of a will on account of trust assets.
Unlike probate, the trust acts as a private agreement that skips the requirement for additional registration. The use of a trust can also avert the economic adversity often encountered by a surviving spouse even as waiting for a grant of probate.
Immigration/Emigration of Family
When an individual & her/his family move to another nation, it is a perfect event to establish a trust to get rid of taxation in the destination country, thereby safeguarding the family assets and facilitating flexibility in its organization.
Types of Trusts :
There are three types of trusts in India:
- Public Trust
- Private Trust
- Public Cum-Private Trust
While private trusts function as per the provisions of the Indian trusts Act, 1882, public trusts are categorized into religious & charitable trusts. The Religious Endowments Act, 1863, Charitable and Religious Trust Act, 1920, and the Bombay Public Trust Act, 1950 are some of the prominent statutes for the enforcement of public trusts in India.
Private Trust
Private Trust refers to a legal arrangement created for the benefit of individuals other than a public or charitable purpose. It is formed for the financial benefit of one or more beneficiaries who are known to the Trustor. Private Trust doesn’t serve a charitable purpose, and its benefits are only accessible to designated beneficiaries. Such trusts are bound to follow the provisions of the Indian Trusts Act, 1882
Public Trust
A Public Trust essentially benefits the public at large. Unlike private trusts, public trusts do not function under the Indian Trusts Act and are formed to serve a charitable or religious purpose. Such Trust follows the general law, which is in effect for the time being. Just like the private Trust, these trusts may be formed inter vivos by will.
Public-Cum-Private Trusts
As the name suggests, the Public-Cum-Private Trusts serve a dual purpose. They are eligible to use their income for public as well as private purposes. That implies that beneficiaries of such Trust could be either public or private persons or both.

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