A private trust is created for the benefit of specific, ascertainable individuals or families, typically governed by the Indian Trusts Act, 1882, while a public trust is established for a charitable, religious, or philanthropic purpose benefiting the general public or a section of it, and is governed by applicable state public trusts legislation where it exists.

For immovable property to be validly transferred to a trust, registration of the trust deed under the Registration Act, 1908 is generally mandatory. A purely private trust of movable property, though it can be created without registration, is usually still registered in practice to establish clear legal evidence of its existence and terms.

A trust's revocability depends on how it is drafted. If the trust deed expressly reserves a power of revocation to the settlor, it can be revoked accordingly; in the absence of such a clause, particularly for public charitable trusts, revocation is generally not permitted and the trust continues to operate for its stated purposes.

No. A charitable trust must separately apply for and obtain registration under Section 12A (or 12AB under the current regime) of the Income Tax Act, 1961 to claim exemption on its income, and donors seeking deduction benefits require the trust to also hold valid 80G approval.

Trustees generally act in a fiduciary capacity and are expected to manage trust property prudently and strictly for the trust's stated objects. A trustee who breaches this duty, acts beyond their authority, or mismanages trust funds can be held personally liable for resulting losses under the Indian Trusts Act, 1882 and general principles of trust law.

Yes, an initial consultation is available to discuss trust structuring, deed drafting, and 12A/80G applications. You can call +91-9815580037 and ask for Mr. Harish Tiwari to schedule a discussion with the team.