A trust of immovable property can be created by two ways, one by a non-testamentary document and another by a testamentary document such as will. In other words, a trust regarding a immovable property cannot be created orally but it must be by a document duly registered. A trust of movable property can be created either by a document or delivering the property to the trustee with necessary oral directions. If the directions are given in writing it would amount to a trust by a non-testamentary document which may or may not be registered.

A trust can be created by any person competent to contract or even by a manner with the authority of a competent court and respect of any property which is transferable and over which the author of the trust has dispossessing power.

A trust may be private and public. When the purpose of the trust is to benefit an individual or a group of individuals or his or their descendants for any legal person and who is capable of holding property, it is a private trust. When the purpose of the trust is to the benefit the public or any section of the public, it is public trust.

REGISTRATION OF TRUST UNDER INDIAN TRUSTS ACT, 1882

1. Before you register your trust you will need to decide the following:
   • Name of the trust
   • Address of the trust
   • Objects of the trust(charitable or Religious
   • One settler of the trust
   • Two trustees of the trust
   • Property of the trust-movable or immovable property (normally a small amount of cash/cheque is given to be
     the initial property of the trust, in order to save on the stamp duty).
2. Prepare a Trust Deed on stamp paper of the requisite value (8% of the value of property of the trust in Delhi. The rate
   varies from state to state
3. Requirement for registration of Trust Deed with the Local Registrar under the Indian Trusts Act, 1882:
   • Trust Deed on stamp paper of requisite value (as stated on point no.2 above)
   • One passport size photograph & copy of the proof of identity of the settler
   • One passport size photograph & copy of the proof of identity of each of the two trustees.
   • One passport size photograph & copy of the proof of identity of each of the two witnesses.
   • Signature of settler on all the pages of the Trust Deed
   • Witness by two persons on the Trust Deed.
4. Go to the local registrar & submit the Trust Deed, along with one Photocopy, for registration. The photocopy of the
   Deed should also contain the signature of settler on all the pages. At the time of registration, the settler & two
   witnesses are required to be personally present, along with their identity proof in the original.
5. The Registrar retains the photocopy & returns the original registered copy of the Trust Deed.