5 Answers
Dear client
You can go to the online portal to get the query of this property
For more information you can contact our OLQ team
Hello,
A trust can subsist despite the same being registered.
The property was purchased vide a valid sale deed which is registered so the property is safe.
The trust deed registered later must contain that this property say ‘X’ is part of the trust property.
The property so purchased must be mutated in the name of the trust so as to make it legally ‘trust property’
For further details you can contact me through the OLQ platform.
Dear Client,
While Registering Trust Deed before the Sub-Registrar Office you must have mentioned in that Trust Deed as immovable property belongs to Trust.
Charitable Trust is not a legal person, as per my opinion you might have registered under Limited Liability Partnership as per Company Rules.
Anyway you can approach and esquire the Sub-Registrar Office for to Execute Rectification Trust Deed (For the purpose of to mention immovable property as Trust Property)
Regards
Dear Sir, as per your query,
1. You should first preserve the old sale deed and mention it in the record of the Trust.
2. Then, mutate the property in the name of the registered trust in your local revenue or municipal records.
3. Update the trust deed to maintain continuity.
4. File for 12AB form registration with the Income Tax Department (only if not already done).
5. File for annual returns.
Note: Your property is absolutely safe if the sale deed clearly states it was purchased on behalf of the trust and the deed defines the charitable purpose clearly.
For further clarification and details, feel free to contact our OLQ Team.
Dear Sir,
(a) Trust can exist even without registration:
Under the Indian Trusts Act, 1882, a public charitable or religious trust is not dependent on registration for its existence — it can come into being by:
A clear intention to create a trust,
Identification of trust property,
Object (charitable/religious purpose), and
Trustees/Managers who administer it.
So, non-registration does not invalidate the trust’s existence, though it may make proving it more difficult.
(b) Status of Property Purchased Before Registration:
When the property was purchased 60 years ago in the name of representatives "for and on behalf of the trust", the following applies:
The sale deed is valid, because the title passed from the seller to the trust’s representatives.
The beneficial ownership of the property vested in the trust (for its objects), not in the individuals personally.
The individuals were trustees in fiduciary capacity, not personal owners.
Therefore, the property belonged to the trust (beneficially) even before formal registration.