Deed of Private Trust (India)
This template establishes a private family trust where a Settlor transfers funds or property to Trustees for the benefit of their spouse and children. It outlines how the trust fund should be invested, how income is distributed for maintenance and education, and the eventual distribution of the corpus to children upon reaching majority.
Deed of Private Trust
THIS DEED OF TRUST is made at........ this........ day of........ between A of........ hereinafter referred to as "the Settlor", of the One Part and (1)X, (2) Y and (3) Z all of......... Indian inhabitants, hereinafter referred to as the Trustees' of the Other Part,
WHEREAS-
1. The Settlor is possessed of a sum of Rs......... (Rupees.........) and he desires to settle the said amount on trusts hereinafter appearing for the benefit of his wife and children.
2. The Trustees have at the request of the Settlor agreed to act as the First Trustees of the said Trusts and of these presents.
3. The Settlor has prior to the execution of these presents transferred the said amount to the Trustees to be held by the Trustees on trusts and subject to the powers and other provisions hereinafter contained.
1. NOW THIS DEED WITNESSETH that in consideration of the premises and in order to effectuate the said desire of the Settlor and for diverse other good causes and considerations, the Settlor doth hereby transfer and shall be deemed to have transferred unto the Turstees the said sum of Rs........ To Have And To Hold the said sum (hereinafter mentioned as'the Trust Fund') unto the Trustees to the use and upon the Trusts and with and subject to the powers, provisions, agreements and declarations hereinafter declared and contained of and concerning the same.
2. 2. The expression "Trust Fund" hereinafter appearing shall mean and shall be deemed to Include the said amount ofRs,....... as well as all other sums, and any property, moveable and immoveable that the Trustees may receive from the Settlor or any other person or hold, by way of purchase or any other mode of transfer or grant or acquisition or by way of interest accrued on Trust Fund and dividends, rents, or other income and other accumulations howsoever made and investments representing the Trust Fund for the time being and from time to time.
3. 3. The Trustees shall invest the Trust Funds in any of the investments hereinafter mentioned and shall collect or receive the interest, dividends, rents, profits and other income accruing on such investments from time to time and out of such gross income the trustees shall deduct the following expenses-
a. The costs, charges and expenses incurred for recovering or receiving such income from the investments.
b. The wages and salaries of any employees engaged for managing the Trust Fund or property.
c. If the Trust Fund is invested in an immoveable property or properties or the trustees hold any such property then
i. the expenses by way of payment of taxes, cesses, assessments,dues and duties payable to the Government or any local authority or public body in respect thereof,
ii. the expenses for carrying usual tenantable repairs, additions or alterations to such property and keeping it in good condition,
iii. the expenses of insurance premium on policies obtained against any risk to such properties,
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About this template
What is this template?
This is a formal deed of settlement creating a private trust under Indian law. It is not a public or charitable trust deed, as it specifies named beneficiaries rather than public objects. It contains specific provisions for the vesting of property in trustees and the eventual distribution of the trust corpus.
When should you use it?
Use this document when a person in India wants to legally separate ownership of assets from the benefit of those assets for family members. If the intent is to benefit the general public or a section of it, use a Charitable Trust Deed instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Settlement of Trust | The Settlor transfers an initial sum of Rs. 1,000 to the Trustees to hold on trust for the Beneficiaries. |
| 4 | Trustees' Powers of Investment | Trustees are authorized to invest trust funds in movable or immovable properties, shares, and securities as they deem fit. |
| 5 | Application of Income | Trustees must pay or apply the net income of the trust for the maintenance, education, and advancement of the Beneficiaries. |
| 8 | Appointment of New Trustees | The Settlor retains the power to appoint additional or successor trustees during their lifetime. |
| 12 | Irrevocability | The document declares that the trust is irrevocable and the Settlor retains no right to resume the trust property. |
Who it's for
- an individual in India transferring assets to be managed for family members
- parents setting aside funds for the long-term education of their children
- a settlor establishing a private family trust under the Indian Trusts Act 1882
How long it runs and how it's signed
Law it's drafted under
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