| Q 1 |
How to form a `Trust'? |
| |
a) A trust can be formed as per Section 4 of Indian Trust Act 1982
for a lawful purpose;
b) A trust should have a document written and signed by trustees or a
sole trustee;
c) A trust can be formed through a will also;
There is no definite form to create a trust. Objectives of the trustee
should be clear and unambiguous; |
| Q 2 |
What are the purposes for which a trust
can be formed? |
| |
Trust cannot be formed for the following purposes under Sec.4 of the
Act:
a) Unlawful purposes;
b) Against provisions of Indian Trusts Act 1932 rules made there under;
c) If there are provisions for cheating etc. in the trust;
d) If the trust is intended to cause loss or damage to one's property |
| Q 3 |
Who can form a trust? |
| |
The following can form a trust under Sec.7 of the Indian Trusts Act
1882:
a) A person capable of making contract can form a trust;
b) Trust can be formed on behalf of minor with permission of Civil Court.
|
| Q 4 |
What is the stamp duty to be paid for
a trust deed? |
| |
1. Rs.500/- if only money is contributed by the author of
trust or if immovable property is convyed where in the author
remains as the sole trustee.
2. Same duty as conveyance if the immovable property is
conveyed and the author is not a trustee or a sole
trustee.
|
| Q 5 |
What is the fee for registration of trust
deed? |
| |
As per Article
III of table of fees under Karnataka Registration Rules 1965, fee shall
be paid at 1 percent on the total of value shown
by the trustee or value of movable or immovable property
shown in the trust deed. |
| Q 6 |
Can a trust be cancelled? |
| |
A trust can be cancelled on the following grounds as per Sec. 78 of
The Indian Trust Act 1882:
a) Trust can be cancelled at the will of the trustees;
b) Trust can be cancelled if there is provision for cancellation in the
deed.
c) If author of a trust creates trust for the purpose of repayment of
his debt and if this is nor informed to the creditor author can cancel
the trust. |
| Q 7 |
Can the defects in the trust be cured
by amendment? |
| |
Yes, amendment can be made a rectification or supplementary
deed. |