Legal Documents Library

SHORT FORM OF DISCLAIMER OF TRUST TO BE ENDORSED ON DEED OF TRUS

KNOW ALL MEN BY THESE PRESENTS THAT I ....................... ………..son of (who am named as a party and trustee of the above trust deed), hereby declare that I have not accepted the trusteeship nor in way acted in the execution or management of the said Trust.

 

And I renounce and disclaim the said trusteeship and all properties, estates, rights, powers, privileges and authorities expressed to be vested in me.

 

IN WITNESS WHEREOF the above named

DEED OF TRUST

This Deed of Public Charitable Trust is made on this the 30th day of August Two Thousand and Fourteen (30.08.2014) by 1) ………….., aged ……, …………………(Occupation), S/O ……………………. residing at ………………………., ……………………., …………………. , Thanjavoor, Tamilnadu -……….. 2) ……………………., aged…………….., ……………….., S/O …………………….. residing at …………………….., ………………….., …………………., Thanjavoor, Tamilnadu -……….. 3) ………………………., aged 4) (hereinafter referred to as the “AUTHORS / FOUNDING TRUSTEES OF THE TRUST” which expression shall unless excluded by or repugnant to the subject and context be deemed to include the authors of the trust for the time being and/or nominees of the authors).

WHEREAS the authors of the trust are desirous of creating an endowment by setting apart and establishing a fund for the public charitable object for the purpose of providing education, medical and financial assistance to the poor, old and infirm people and/or destitute, for the upliftment of children, progress of the society, nation, and mankind in general.

NOW THIS DEED WITNESSETH AS FOLLOWS:-

In order to effectuate the said object of creating and establishing a public charitable trust, the authors of the trust have contributed a sum of Rs.1000/- (Rupees One thousand only) each totaling an amount of Rs.2000/- (Rupees Five thousand only) to form the initial corpus of the Trust and it is hereby agreed and declared that the authors of the trust shall jointly hold and administrate the initial corpus of the Trust and any further profit which may derive and arise there from and all other properties whether movable or immovable which may be received or acquired by the Trust as gift, donation or in any other manner. The entire corpus of the Trust shall be used for the objects for which this Trust is created and for any other object which may further be included among the objects mentioned herein.

I. NAME OF THE TRUST

The name of the trust shall be “………………….” hereinafter mentioned as the ‘Trust’.

II. REGISTERED OFFICE

The registered office of the Trust shall be at Building No: ……………………………………………., which may be changed from time to time to such other place or places as the trustees may deem fit and proper at their discretion.

III. AREA OF OPERATION

The area of operation of the Trust shall be the whole of India.

IV. OBJECTIVES OF THE TRUST

To establish children’s homes, orphanages, old age homes and home for widows, destitute and homeless people.

To help the poor and destitute senior citizens of the society to grow in grace and joy

To establish childcare centers, health centers, clinics, nursing homes and hospitals and to provide medical and health care facilities to the needy people of the society.

To promote communal and social harmony and understanding among various sections of the Society.

To propagate values and morality and to conduct awareness campaigns against the use of alcohol, tobacco and drugs.

To establish rehabilitation center for physically and mentally handicapped people.

To undertake, to perform and to assist everything to bring up harmony and peace in families and society and for that purpose to establish counseling centers.

To act in co-operation and for that purpose enter into arrangement, agreements and to co-operate with any other association, institutions, societies or trust having objectives similar to that of this Trust.

To purchase, take on lease, acquire, hold and possess any land and any properties or movable property which may be necessary, expedient or desirable for attaining the objectives of the trust.

To acquire properties and to construct and maintain buildings and also to provide the necessary infrastructure in furtherance of the objectives of the Trust.

To arrange funds and to raise finance necessary for the activities of the Trust by way of donations, sponsorships, subscriptions, membership fees, loans etc.

To raise funds by way of borrowing money or by receiving deposits and by raising loans upon such terms and conditions decided by the Trustees

Public Charitable Trust

THIS INDENTURE made at Bombay this ------- day of ----------- 1990 BETWEEN ____________________ called "the Settlor" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include his heirs, executors or administrator) of the One Part AND (1) ____________________ AND (2) _______________________ hereinafter called "the Trustees" (which expression shall unless repugnant to the context or meaning thereof be deemed to include the survivor of them and the Trustees or Trustee for the time being of these presents and the heirs, executors and administrators of the last surviving Trustee their, his or her assigns) of the second Part;

WHEREAS the 'Settlor' is desirous of settling for Public Charitable purpose a sum of Rs. _____(Rupees _________________only);

AND WHEREAS the Trustees have agreed to act as the Managing Trustees for life of the said Trust;

NOW THIS INDENTURE WITNESSEH that with a view to perpetuate the said desire and in consideration of the premises and for other diverse good causes and consideration him thereunto moving he the 'Settlor' doth hereby grant, assign transfer and hand over to the Trustees and the Trustees do hereby accept and take possession of the said sum of Rs. -------/- Rupees ---------- only) (hereinafter for brevity's sake called "the Trust Estate" which expression shall include all accretions thereto by way of donations or otherwise and the investments for the time being representing the same) to HOLD the Trust Estate upon the trusts and with and subject to the powers, provisions, agreements and declarations hereinafter contained of and concerning the same i.e.

a. for relief of the poor

b. education

c. Medical relief

d. the advancement of any other object of general public utility;

e. to collect and receive funds and donations for the above objects,

f. to do all acts, deeds and things as are incidental and conducive to the furtherance of the above objects.

AND IT IS HEREBY DECLARED that the charitable objects hereinabove mentioned shall not be limited or restricted to any particular caste or creed and will not involve any element of profit making.

AND IT IS HEREBY FURTHER DECLARED THAT THE Trustees shall be entitled to utilise and disburse either the net income of the Trust Estate and/or parts of the corpus thereof for maintaining and/or conducting establishments for the charitable purposes and trusts hereinabove set out;

1. The Trustees shall have power and shall be entitled to collect, recover and receive dividends, rents and profits and other income of the Trust Estate (hereinafter referred to as `as the Trust income`) and to pay there out all taxes, rates, assessments, expenses and outgoings for collection in respect thereof and for the management of the Trust Estate and for administering and carrying out the Trust hereof.

2. The Trustees shall be entitled from time to time to accept from any person or persons desiring to make gifts or donations upon the trusts and subject to the terms, provisions and powers and conditions contained herein, such moneys or properties as the Donors desire from time to time to give on the aforesaid trusts and on the terms and conditions herein contained.

3. The Trust hereby declared shall be designated as ----------------.

4. The Registered Office of the Trust shall be at ----------------------.

5. The Trusts hereby declared shall be irrevocable.

6. It shall be lawful for the Trustees at any time and from time to time to borrow moneys as well as to sell,

Model Trust Deed for a Private Specific Trust

MODEL TRUST DEED FOR A PRIVATE SPECIFIC TRUST DEED OF TRUST OF

______________ TRUST

THIS DEED OF TRUST made at _______ this day of _______ 2000 BETWEEN _________________ residing at ____________ __________ hereinafter called "the Settlor" (which expression shall unless it is repugnant to the context or meaning thereof be deemed to include his heirs, executors and/or administrators) of the One Part AND (1) -------------------- residing at _____________ AND (2) ------------------ residing at ________________, hereinafter called "the Trustees" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include the survivors of survior of them and the heirs, executors and administrators of the last survivor and the trustees or trustee for the time being of these presents, their, his or her assigns) of the Other Part;

i. WHEREAS the Settlor is seized and absolutely possessed, inter alia, of an amount of Rs._________/- (Rupees ___________________ only) in cash;

ii. WHEREAS out of natural love and affection which the Settlor bears towards the beneficiaries (i) ___________________ and (ii) _________________ who are the (relationship) of the Settlor, the Settlor is desirous of settling a sum of Rs._____/- (Rupees _____________ only) upon and subject to the trusts, powers, provisions, agreements and declarations hereinafter declared and contained of and concerning the same and the Settlor has requested the Trustees to act as the Trustees thereof, which the Trustees have consented to do (as is testified by their being parties to and executing this Deed);

AND WHEREAS in pursuance of the said desire the Settlor has, prior to the execution hereof, handed over cash of Rs.5,000/- (Rupees five thousand) and a cheque for Rs. _________/- (Rupees ________________ only) to the Trustees and the Trustees have accepted and taken possession of the same and they shall hold the said amount upon the Trusts and with and subject to the powers and provisions hereinafter declared and contained;

NOW THIS DEED OF TRUST WITNESSETH as follows:-

1. The Settlor _________________________has conveyed, transferred and assigned to the Trustees the said amount of Rs. 5,000/- (Rupees five thousand only) in cash and Rs. _________/- (Rupees ______________________ only) by cheque.

2. The Trust shall be known as "..................." but it may hold assets or carry on business in any suitable name.

3. The Trustees hereby declare that they the Trustees shall hold and stand possessed of the said property which is referred to as "the Trust property" which expression shall also include cash and any other property and investments of any kind whatsoever into which the same or any part thereof might be converted, invested or varied from time to time or such as may be acquired by the Trustees or come to their hands by virtue of these presents or by operation of law or otherwise howsoever in relation to these presents, upon the Trusts and with and subject to the powers, provisions, agreements and declarations hereinafter declared and contained concerning the same.

4. The Trustees shall hold and stand possessed of the Trust property upon the following trusts that is to say:-

a. to manage the trust premises or Trust Fund and collect and receive the interest, dividend and other income thereof;

b. to pay and discharge out of the income of the Trust Fund all costs, charges and expenses for collecting and receiving the income of the Trust Fund and all other assets, charges, expenses and outgoings of and incidental to the Trusts created by these presents and administration thereof;

c. to close the accounts of the Trust on the 31st day of March of every year and pay to or accumulate or spend the net income of the Trust among the beneficiaries in the following properties:-

i. %

ii. %

1. If either of the beneficiaries dies before the determination of this Trust his or her share and interest in the Trust shall

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,

iv. fees payable to any architect, legal adviser or other professional person in connection with such property,

v. all other costs, charges and expenses for the management of the trust fund or property not specifically mentioned.

4. After deducting or setting apart the expenses mentioned in clause 3 above from the gross income of the trusts fund the net income from the Trust Fund will be paid to........ the wife of the settlor for being utilised for the maintenance and residence of herself and for the maintenance, residence and education of the settlor's sons and unmarried daughters who are minors viz........, On payment of such net income the trustees shall not be entitled or bound to ask the said Mrs........for the account of the amount so paid.

5. On the death of the said Mrs......... or in the event of the said Mrs........ surviving the settlor and thereafter remarrying, the income shall be utilised or spent by the Trustees for the maintenance and education of the said children of the settlor until the youngest of them attains

Deed of Family Trust

This Deed of Trust made at.......................... this.......................... day of................ between (1)......................... (2)............................... (3)....................... (4).................... (5)................................ (6).................... (7)..................... all of..................... hereinafter referred to as the SETTLORS of the One Part and (I)................ (2)................... (3)..................... hereinafter referred to as the Trustees of the other part.

WHEREAS

1. The settlors are the erstwhile members of a Joint family consisting of..............,.............. &............. as brothers and the remaining............. to............. as their respective sons and grandsons, all being majors and they are the only members of the family apart from their respective wives.

2. The said Joint Family owns an ancestral House together with the land apartment in village/town of................. in Dist............ in State of.........................

3. ................,............... &............... and their respective sons and grandsons are living separate at different Towns/Cities and earning in their own way independently and have their respective properties

4. The said Family House is the only common property belonging to the said family

5. The said house cannot be physically divided and partitioned and the parties also do not propose to do so nor do the settlers desire to sell the same but desire to keep and preserve it as a common unit and as a memorial of the ancestors and also to avoid any dispute regarding the same among the members of the said family.

6. The said family has a family Deity of Goddess............... and the family has installed the same in one of the rooms of the said house.

7. The Settlers have therefore proposed to dedicate the said house and premises to the said Deity and to continue to worship the same and with these objects they have decided to create a private Trust of the said property.

8. The Settlers have also collected a Fund of Rs............... as the initial fund or Corpus to meet the expenses of maintaining the said house and to worship the said idol.

9. It is proposed that...........,...........,..........., will act as the first Trustees of the Trust and the settlers have proposed to transfer the said property to...........,........... &........... as Trustees to hold the property for the benefit of the said family in the manner aforesaid.

NOW this Deed witnesseth that pursuant to the said desire of the settlers and in the premises aforesaid the settlers do and each of them doth hereby grant and transfer the said house with the land appurtenant thereto situate at........... and more particularly

Deed of Appointment of New Trustees (with Transfer of Property)

THIS DEED is made at............................... this........day of.................between 1)...............................................of......................hereinafter referred to as "the Continuing Trustee" of the One Part, (2).................of................ hereinafter referred to as `the Retiring Trustee" of the Second Part, and (3)...................... of.................................. hereinafter referred to as the `New Trustee' of the Third Part;

WHEREAS --

1. By a Deed of Trust (or Settlement) made on the..... day of.... between..... there in referred to as the Settlor of the One Part and.................&.........................herein referred to as the Trustees of the Other Part and registered at the office of the Sub-Registrar at..... under Serial No...... of Book-I, the said Settlor, granted and conveyed unto the Trustees the land and premises situate at..... and more particularly described in the First Schedule there underwritten (being the same as described in the First Schedule hereunder written) To Have And To Hold the same unto the said Trustees to the use and upon the Trusts and with and subject to powers, provisions, obligations and declarations therein contained.

2. By the said Deed, the Settlor also assigned to the said Trustees certain securities and investments described in the Second Schedule there under written To Hold the same upon the trusts and with powers, provisions, obligations and

Declaration of Trust (Public)

Model Trust Deed for a Public Trust

(Having the appearance of a social organization)

This Deed of Declaration of Trust is made at.............. this........ day of...............20.......,by M/s. (1).....................(2)...................... (3)...................... (4)..................... (5).................... all of......................Indian Inhabitants, hereinafter referred to as `The Trustees' (which expression shall be deemed to mean and include, the survivors or survivor of them and the heirs, executors and administrators of the last survivor of them Trustees or Trustee of the Trust hereby created) as follows:

WHEREAS:

1. The Trustees are possessed jointly of a sum of Rs.......

2. The Trustees desire to hold the said amount and all other amounts and other property, whether moveable or immoveable, including the investments by way of shares, fixed deposits, Government securities, bonds or debentures or in any other form that the Trustees may receive and hold by way of acquisition, donations, gifts or otherwise howsoever (hereinafter referred to as the Trust Fund) upon the Trusts and for the objects hereinafter mentioned.

NOW THIS DEED WITNESSETH as follows: -

The Trustees declare that they shall hereafter hold the said amount of Rs....... and the Trust Fund mentioned above for the time being on the Trusts for carrying out the objects and on and subject to the powers, provisions, terms and conditions hereinafter mentioned.

1. This Trust shall be known as "......................................... "

2. The area of operation of the Trust will be the whole of India but preferably in the State of........ and particularly within the limits of..... Municipal Corporation.

3. The Principal Office of the Trust will be situated at such a place as the Trustees may decide. The Trustees may open branches or local offices at different places within the area of operation.

4. The principal object of the Trust is to carry on cultural and charitable activities conducive to the secular character of the Indian Nation and to the advancement of national integrity, patriotism and discipline. For the purpose of or towards achieving the above principal object, the Trust shall have the following particular objects:

a. To advance the cause of Indian music & dance in all forms, both Hindustani and Karnataka by holding music and dance programmes regularly or occasionally, particularly of nonprofessional artists, by conducting music and dance classes, schools or colleges and imparting the knowledge of music and dance by holding lectures, seminars, conferences on music and dance and by doing all other acts and things in the cause of music and dance being the arts which have a great cementing force among all people irrespective of caste, creed or religion and which are powerful organs or agents in the achievement of national integrity and secularism.

b. To write through or with the help of literary persons, of different aptitudes or classes, plays in..... and other languages on different topics, to translate plays written in different languages into other languages, or to convert plays or dramas into short plays or episodes or T.V. or Radio plays.

c. To stage dramas in all forms by amateur artists or professionals, in different languages including all types of rural arts.

d. To conduct classes or courses for the development of dramatic arts, including acting, stage settings and decorations, face painting or make-up.

e. To hold meetings, conferences, seminars, discussions on different and current social subjects or events other than political.

f. To help and encourage writing literary works, to conduct mobile or other libraries of books and periodicals and to advance the habit of reading and writing, and literacy in general.

g. To carry on activities helpful to the society in general and to any individual or individuals in particular in the field of medical help, education, calamities, social awareness.

h. To hold

DEED OF TRUST OF ______________ TRUST

THIS DEED OF TRUST made at _______ this day of _______ 2014 BETWEEN _________________ residing at ____________ __________ hereinafter called "the Settlor" (which expression shall unless it is repugnant to the context or meaning thereof be deemed to include his heirs, executors and/or administrators) of the One Part AND (1) -------------------- residing at _____________ AND (2) ------------------ residing at ________________, hereinafter called "the Trustees" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include the survivors of survivor of them and the heirs, executors and administrators of the last survivor and the trustees or trustee for the time being of these presents, their, his or her assigns) of the Other Part;

(i) WHEREAS the Settlor is seized and absolutely possessed, inter alia, of an amount of Rs._________/- (Rupees ___________________ only) in cash;

(ii) WHEREAS out of natural love and affection which the Settlor bears towards the beneficiaries (i) ___________________ and (ii) _________________ who are the (relationship) of the Settlor, the Settlor is desirous of settling a sum of Rs._____/- (Rupees _____________ only) upon and subject to the trusts, powers, provisions, agreements and declarations hereinafter declared and contained of and concerning the same and the Settlor has requested the Trustees to act as the Trustees thereof, which the Trustees have consented to do (as is testified by their being parties to and executing this Deed);

AND WHEREAS in pursuance of the said desire the Settlor has, prior to the execution hereof, handed over cash of Rs.5,000/- (Rupees five thousand) and a cheque for Rs. _________/- (Rupees ________________ only) to the Trustees and the Trustees have accepted and taken possession of the same and they shall hold the said amount upon the Trusts and with and subject to the powers and provisions hereinafter declared and contained;

 

NOW THIS DEED OF TRUST WITNESSETH as follows:-

1. The Settlor _________________________has conveyed, transferred and assigned to the Trustees the said amount of Rs. 5,000/- (Rupees five thousand only) in cash and Rs. _________/- (Rupees ______________________ only) by cheque.

2. The Trust shall be known as "..................." but it may hold assets or carry on business in any suitable name.

3. The Trustees hereby declare that they the Trustees shall hold and stand possessed of the said property which is referred to as "the Trust property" which expression shall also include cash and any other property and investments of any kind whatsoever into which the same or any part thereof might be converted, invested or varied from time to time or such as may be acquired by the Trustees or come to their hands by virtue of these presents or by operation of law or otherwise howsoever in relation to these presents, upon the Trusts and with and subject to the powers, provisions, agreements and declarations hereinafter declared and contained concerning the same.

4. The Trustees shall hold and stand possessed of the Trust property upon the following trusts that is to say:-

(a) to manage the trust premises or Trust Fund and collect and receive the interest, dividend and other income thereof;

(b) to pay and discharge out of the income of the Trust Fund all costs, charges and expenses for collecting and receiving the income of the Trust Fund and all other assets, charges, expenses and outgoings of and incidental to the Trusts created by these presents and administration thereof;

(c) to close the accounts of the Trust on the 31st day of March of every year and pay to or accumulate or spend the net income of the Trust among the beneficiaries in the following properties:-

i) %

ii) %

5. If either of the beneficiaries dies before the determination of this Trust his or her share and interest in the Trust shall devolve upon the survivor and in the event of the death of the survivor before the

Charitable Trust

The purpose for creating this trust is to promote ________________________________

I, ___________, trustor, create a trust fund of the property listed in Schedule A attached and incorporated by this reference, which I have delivered today to ____________.

I hereby give, transfer, and deliver the property described in Schedule A to the trustees in trust for the purposes stated.

The name of this trust shall be the _____________.

Trustor and Trustee, hereby agree as follows:

TRANSFER OF CORPUS

Trustor hereby gives and transfers to trustees the property described in the attached schedule together with its income and profits and any other sums that may be transferred to trustees or their successors pursuant to the terms of this agreement, to hold in trust for the uses and purposes set forth in this agreement.

INVESTMENT AND APPLICATION OF TRUST FUND AND INCOME

The trustees shall hold the trust fund and, in their discretion, invest it or parts of it in securities in which trustees are permitted to invest under applicable laws. The trustees from time to time in their own discretion may invest the income to the charitable uses and purposes

WAIF FOR PUBLIC AND CHARITABLE PURPOSES

THIS DEED OF WAKF is made the _______ day of _______ ., 20 _______¸ by me, AA, aged about _______years,

son of_________________________________,

resident of_____________________________, and I hereby declare and make known to all whom it may concern that amongst other properties I am in my own right in proprietary possession of the properties set out in the schedule hereto and that the said properties are free of all encumbrances, charges and liens whatsoever;

AND WHEREAS I have no children, male or female and there are other properties belonging to me sufficient for my maintenance and the maintenance of my wife;

AND WHEREAS with the object of attaining Kurbat or nearness to God and reward hereafter, I desire to make a WAKF of the properties set out in the Schedule hereto for any of the purposes recognised by the Mohammedan Law as religious, pious, charitable and more particularly for the maintenance and support of the poor or orphaned children of Mussalmans belonging to __________________ sect.

NOW, THEREFORE, THIS DEED WITNESSES that I, the said AA, do hereby dedicate and declare as WAKF all that property more particularly described in the