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- PETITION FOR REVOCATION OF PROBATE
PETITION FOR REVOCATION OF PROBATE In the Court of the District Judge of ____________ Case No_______of 20 _______ 1.AA. etc_____________________________________ 2.BB . etc_____________________________________ Petitioners; Versus CC. etc_______ Respondent. In the matter of application under Section 263 of the Indian Succession Act, 1925. The petition of AA. and BB above named most respectfully sheweth: 1. That in Case No________________, of 20 _______ , one CC. obtained probate of the alleged last Will and Testament of DD., deceased (or obtained letter of administration in the goods of DD, deceased) from, this Court on the_______ day of _______ , 20 _______ . 2. That the said grant of probate was obtained fraudulently, inasmuch as the will in respect of which the probate was granted to the said CC. was a forgery and that the said DD., deceased, left no Will at the time of his death. (or) 2. That the said grant of letters of administration was obtained fraudulently inasmuch as the said CC concealed from the Court the fact that the said DD. deceased had left a Will whereby the deceased had appointed your petitioner as executor. 3. That the proceedings to obtain the probate (or letters of administration) were defective in substance inasmuch as no citation was issued on the petitioners and other relatives of the deceased. Your petitioners therefore pray that under the above circumstances the grant of probate (or letters of administration) to CC. may be revoked. And your petitioner as in duty bound shall ever pray. Verification (Signature) Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- PETITION FOR PROBATE OR LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED
PETITION FOR PROBATE OR LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED IN THE COURT OF District Judge ………………….. District.................. Original petition No……………........ of..................... under Indian Succession Act 1925 per Matter of the Will of A ......................... expired Petition of X son of E by caste ...................................: by occupation ...................... residing at.................................................................................................... Respectfully sheweth: (1) That the above-named A after it referred to as said deceased who being a Hindu ruled by Hindu Succession Act (Act XXX of 1956) and expired on the .........day of......... at......... within the jurisdiction of this court which had been his fixed place of residence (or where he was temporarily resident, his fixed place of residence being at...... within the jurisdiction of this court or leaving the property within the jurisdiction of this court as will appear from the affidavit of assets instituted herewith. (2) That before to his death and on the ......... day of......... the deceased made/published his last will and testament whereby he selected petitioner being sole executor and left/bequeathed his property and effects thereof as defined therein. (3) The said will is enclosed to the affidavit of Sri .......... one of attesting witnesses and it will clearly from said affidavit as same was duly executed by said deceased before the witnesses whose names appear at the bottom thereof and was also attested by them. (4) Petitioner is the same person as X the executor named in the will and, hence he bears right to probate thereof (or where the application is for letters of administration with a copy of the will enclosed—as the said testator did not select any executor of his said will, petitioner being his eldest son and one of persons bearing a right to a share of his property in the case of intestacy—bear right to and so claims management of the property and credits of the said A. (5) That petitioner has truly given in Annexure A to his affidavit valuation instituted herewith all the properties with credits which the deceased expired possessed of or was otherwise having at the time of his death which have come or about to come to petitioner's hands and so far as petitioner has been able to find out or is aware, there are no property/credits other than what are stated in the Annexure A of said affidavit. If other assets are discovered petitioner undertakes to pay the required court-fee on that account. (6) That petitioner has also truly given in Annexure B to his said affidavit all items which legally he is allowed to deduct. (7) The value of assets which will come to petitioner's hands in case of probate of the will or letters of administration with a copy enclosed thereto being allowed does not exceed the aggregated sum of Rs. ……………....... and the net amount after deducting all items which he is legally allowed to deduct by him being under the value of Rs. ………............ (8) That the deceased was a Hindu ruled by Hindu Succession Act (Act 30 of 1956) and at the time of his expiry he left the following and none other relations who would have been his successors in case of intestacy under the said Act. Name, address, age and relationship: remarks, if any (full details) (9) That petitioner has duly paid the ad valorem duty payable relating to property of deceased. (10) That no application has been made before any other court in probate of said will/letters of administration with a copy enclosed thereto and no proceedings or suit are pending for managing of the estate. (11) petitioner hereby undertakes to manage the estate with credits of the said A deceased and to make and file a full and true inventory thereof for exhibiting the same in this court by six months from date of granting probate of will (or letters of administration) to him, and also give this court a true account of said estate with credits by one year from said date. That this application is made bona fide. Petitioner therefore prays: (a) That probate of said will (or letters of administration to estate and credits of the said expired, along with copy of said will enclosed) effecting throughout the State of………………………………......... may be allowed to him. (b) For such other reliefs as this court may consider fit. Prepared in my office: Advocate for the petitioner Verification of the Applicant I, ................................. the above-named petitioner, do hereby declare and say that the statements contained in paragraphs 1, 2,3, 4, 5, 6, 7, 8, 9,10 and 11 of the above petition are true to my best knowledge and those bearing in paragraphs 12 and 13 thereof are my presentations. I sign this verification at................... this ......... day of............. DECLARATION OF WITNESS I,…………….............. one of the witnesses to the last will and testament of……........the testator stated in the above petition, do say and declare that I was present on the ......... day of......... at............ and saw the testator affix his hand/signature or mark to said will, marked A per Affidavit of................... instituted herewith (or that the said testator admits the writing enclosed to above petition and marked A, to be his last will/testament in my presence). Solemnly affirmed by the said ............ witness this ............day of ............ at court House at Bombay Sign Before me Commissioner/Magistrate/Oath Officer Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/)
- PETITION FOR EXTENDING OF SUCCESSION CERTIFICATE
PETITION FOR EXTENDING OF SUCCESSION CERTIFICATE In the District Court of etc In the goods of (state name, address and nationality) In the matter of granting extension in Succession Certificate relating to debts /securities of said deceased per s. 376 of the Indian Succession Act The applicant named above states as below: 1. That C of etc., hereinafter referred to as the said deceased expired at etc., intestate on the …............. day of………........... 2002. 2. That the permanent residence of said deceased when he expired was at etc. within the jurisdiction of this court, where he has left also some estate. 3. That the said deceased was ruled by Hindu Succession Act (or Indian Succession Act) and the applicant, being his legal successor per the said law, bear right in granting succession certificate already granted and so bear right to extension thereof prayed for hereunder. 4. That the said deceased left successors living at the time of his death only the following relatives: (a) ………………… (b) ………………… 5. That the said deceased left no will and with out any application to any court for granting probate or any letters of management with a copy enclosed thereto and there is no obstruction in granting of extension certificate. 6. That the applicant got on the ............ day of ............ a succession certificate from this court relating to some of debts and securities of said deceased. A copy of the said certificate is hereunto enclosed and marked A. 7. That the applicant on the ......... day of............ comes to know that the said deceased also left behind various other debts and securities stated in Schedule A hereunder. The applicant hence prays that this court may be pleased to grant him an extended certificate for collection debts and securities with interest thereon stated in Schedule A hereunder on paying additional duty, if compulsory. Verification I, ........................ resident at ........................ being the ............ of named above............ do hereby solemnly and say that the statements contained in paragraphs 1 to 7 of the above petition and also the details contained in Annexure "A" and the Schedule including all figures are true to my best knowledge and the rest are my kind submissions to this Learned Court. Date Place Deponent Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- BOND ON GRANT OF LETTERS OF ADMINISTRATION.
BOND ON GRANT OF LETTERS OF ADMINISTRATION KNOW ALL MEN that we, AA. etc. and BB. etc. (surety for the said AA.) hereby bind ourselves jointly and severally to Shri ______________________, District Judge of _______________________, for the payment to him or his successor-in-office of the sum of Rs _________ Signed by us on the_________. day of _________, 20 _________ (Signature) WHEREAS by an order of the court of the said District Judge of ______________ made on the _________ day of _________, the above-named AA. has been appointed administrator of the estate of YZ., deceased, subject to the said AA. Entering into a bond of Rs _____________ with one surety in the same sum for the due collection, getting in and administering the estate of the deceased; AND WHEREAS the said AA. has agreed to enter into the above-mentioned bond and the said BB. has agreed to enter into the said bond as surety for the said AA. NOW the condition of the above-written bond is such that if the said AA. does and shall within six months from the grant to him of letters of administration of the estate of YZ., deceased, or such further time as the said Court may appoint, exhibit in the said Court an inventory containing a full and true estimate of all the property, in possession, and all the credits, and also all the debts owing by any person to which the said AA. is entitled as administrator, and do and shall, within one year from the said grant, or such further time as the said Court may appoint, exhibit an account of the estate of the said deceased, showing the assets which have come to his hands and the manner in which they have been applied or disposed of, and do and shall well and truly administer, the said property, credits and estate according to law, and shall deliver and pay to such person or persons, as shall be lawfully entitled thereto, all the rest and residue of the said property, credits and estate which shall be found remaining upon the said administration account, then the above-written bond shall be void but otherwise it shall remain in full force. Signed etc. Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.15/-)
- DEED OF SURRENDER OF TENANCY
DEED OF SURRENDER OF TENANCY This deed of surrender of tenancy as made on this …. day of …… between X Co. Ltd., a company registered under the Companies Act 1956 with its Registered Office at and doing business, inter alia, at ............................................. (after it referred to as the tenant) of the one part and Mr. ......................................................... resident at ................................................................(after it referred to as the owner) of the other part. And whereas on 7th April 2002 a covenant was entered into by and between the tenant and the owner whereunder and whereby the owner leased to the tenant one ground-floor flat consisting of four rooms, one kitchen, two bathrooms, one car parking space, common use of servant-latrines and common passage around the flat with 5 ceiling fans and one Geyser at …………………................. at a monthly rent of Rs. ………………………......... from………………………………..and whereas all cesses, taxes, rates and levies or burdens were consented to be paid by the owner and tenant would have no liability relating thereof, And whereas under the said covenant and accordingly thereof, the said owner allowed occupation of said flat to tenant and the Tenant has been occupying same since then. And whereas the owner asked the tenant for vacating the said flat on several reasons including hardship to him and the tenant then duly considered the same and for evading any future litigation and expenses has consented to surrender the said tenancy of the said flat. Now hence this deed witnesseth and the parties consent as below: 1. The said owner hereby confirms, admits /acknowledges that on this day he has received vacant peaceful possession of the said ground floor flat consisting of four rooms, one kitchen, two bath rooms, one car parking space, common servant latrine and common passage surrounding flat with all furniture and fittings, water, drainage, sanitary fittings and electrical installations in the same good conditions and order as they were when the said flat was leased to the tenant minus normal wear and tear. 2. The tenant declares that no encumbrance was created on said flat, which is free from all encumbrances. 3. The owner declares and consents that the tenant has paid whole dues, including rent relating the said flat to-date and nothing is due or payable by the tenant to owner relating the said flat. 4. The parties hereby consent that neither party has paid any money to other due to inducement for surrender of the tenancy. 5. The owner hereby confirms consents and declares that he has received vacant and peaceful possession of said flat from the tenant free from all encumbrances and the owner has accepted the handing over of vacant possession of said flat with all furniture and fittings and also the keys and he has nil claim whatsoever against the tenant in respect of the said flat or otherwise. 6. The owner hereby declares and confirms that nothing is due from and payable by the tenant relating to said rent or municipal charges, water charges, electricity bills or any other charges or claims relating said flat. 7. The owner hereby declares and consents that he would keep the tenant fully compensated against and without harm from all proceedings, claims, actions, expenses, charges and costs thereof whatsoever in respect of said flat for giving peaceful vacant possession of the said flat to the said owner. 8. It is recorded that neither party has any claim against the other in respect of said flat or otherwise whatsoever. 9. It is recorded that the Security Deposit of Rs. ............ has already refunded on receiving peaceful vacant possession of the said flat the receipt thereof the tenant hereby acknowledges. In witness whereof the parties hereto have executed this Deed on the day, month and year first above-written. Signed, sealed and delivered by Mr.......................................... duly authorised by and holder of Power of Attorney from X. Co. Ltd. on this 10th day of June 2002 in the presence of: Signed and delivered by Mr. ........................... owner in the presence of: Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- SURRENDER OF LEASED FLAT
SURRENDER OF LEASED FLAT This deed of surrender of lease is made on this ……………… day of ………………... Between AA & Co. Ltd. having its registered office at.......................................... Chennai, who has taken on rent flat No…… situated at sector at Salem (hereinafter called tenant) of the one part and Mr. BB , the owner of that flat ( hereinafter called the owner) of the other part. Whereas per Agreement dated…………………................ the owner leased the said flat on lease beginning from .............................being a monthly tenant at rent of Rs. 5,000 monthly and security deposit of Rs. 25,000. And whereas the owner asked the tenant for vacating the said flat on several reasons and a case under Rent Act for vacating said flat on reasonable needs is pending. And whereas the tenant having fully considered the request of owner and has consented the request of owner to evade further litigations and complications. Now hence this deed witnesseth and the parties hereby consent as below: 1. The said owner hereby declares that he still fully owns the said flat and bear right to receive on surrender of said flat by the tenant possession thereof and give absolute discharge to the tenant from all liabilities whatsoever relating the said flat. 2. The owner declares that there is no arrears of rent, electricity bills or any other claims relating the said flat and all dues payable by the tenant up to and including the ........................ were received and the security deposit has been adjusted and refunded. 3. The owner hereby records and confirms that he has received quiet, peaceful and vacant possession of the said flat free from all encumbrances with all fixtures and furniture having same good condition and order in which the same tenanted flat was let out to said tenant. 4. The owner hereby records confirms and declares that neither party has paid to the other any amount per indemnification or otherwise and this is being executed in consideration of avoiding any further litigations and expenses. 5. The parties declare and consent that in consideration of aforesaid the tenant has delivered vacant and peaceful possession of the said flat with all furniture’s and fittings and the owner has received delivery thereof including the keys of the said flat and taken vacant possession of the said flat along with all furniture and fittings in same good condition in which the said flat was leased to the tenant after removing all the articles and things relating to the tenant. 6. It is declared that neither party has any claim against the other in relation of said flat and the owner undertakes to withdraw the case under Rent Act. 7. The owner hereby releases favouring the tenant the whole security deposit of Rs. 25,000 per Demand Draft bearing No.......... etc. the receipt of which the tenant hereby acknowledges. 8. Each party hereby releases the other from all liabilities emerging under the said tenancy Agreement and any extension and/or alteration thereof and/or in respect of said flat. 9. The owner hereby undertakes and declares to keep the tenant fully compensated against and without harm from any action, proceedings, expenses, charges, costs and claims of whatsoever type in respect of said flat first above stated for delivering vacant and peaceful possession of the said flat to the owner for whatsoever reason or cause of action. In witness whereof the parties hereto have executed this Deed on the day, month and year first above-written. Signed, sealed and delivered by Mr................................... duly authorised by AA & Co. Ltd. on this ….. October, 2003 Signed and delivered by Mr. BB on this …..day of November, 2003. Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- DECLARATION FOR TRUST
DECLARATION FOR TRUST Download Word Document In English. (Rs.140/-) Download PDF Document In Marathi. (Rs.140/-) (TRUST) THIS DECLARATION OF TRUST made at this day of by Shri , son of , by caste , by occupation , residing at ____________________(hereinafter referred to as the 'Founder') is as follows:- WHEREAS the donor had dedicated and endowed a sum of Rs. 5,100/- (Rupees Five thousand and one hundred only) and has created a charitable trust for the benefit of the public which is being called as Charitable Trust, subject to the following terms and conditions as set out hereunder:- AND WHEREAS it has now been considered as expedient and desirable to reduce the terms and conditions of the creation of the above said charitable trust in writing:- AND WHEREAS with a view to secure proper and permanent administration of the Trust, it is considered to execute a formal Deed of Trust: NOW THIS DEED WITNESSETH and it is hereby declared as follows:- 1) The name of the Trust shall be __________________ (hereinafter referred to as the 'Trust'). 2) The above said sum of Rs shall be the property of the Trust. 3) The term 'Trust Property' shall mean and include the said sum of Rs. 5,100/-(Rupees five thousand and one hundred only) all additions and accretions hereto, the income thereof and the acquisition therewith in whatever form and all other property which may from time to time vest in, or come from any source to, the Trust. 4) The Head Office of the Trust shall be situated at ________________________ but the Trustees shall be at liberty to transfer the same to such other place as may be determined by them from time to time. 5) The objects of the Trust shall include the following:- (a) (i) To open, found, construct, establish, takeover, equip, promote, conduct, maintain, support, subsidise, grant aids, to make donations to hospitals, schools, colleges, pathshalas, boarding houses, reading rooms, libraries, art, music or literary societies and other institutions, educational or otherwise, associations, printing presses, journals, newspapers, periodicals and other publications for imparting or developing commercial, industrial, legal, medical engineering, scientific or other knowledge or training. (ii) To give stipends, scholarships, travelling expenses, allowances and monetary aids to students and scholars in India and abroad; (iii) To open, found, establish, equip, finance, assist, maintain, or contribute to technical, industrial, or commercial concerns, institutions, associations, or bodies imparting any type of training or providing employment to persons; (iv) To open, found, conduct, maintain or contribute to the opening and maintaining of such institutions where work at living wages can be provided to poor and deserving people or which are conducive to the benefit of the poor and the development of industries; (v) To promote the well-being of humanity by establishing or assisting the formation or aiding of humanitarian institutions and to start, encourage, promote or support institutions and societies to harmonise social and economic interest of the peoples of the world and to unite them in such a manner as may best ensure the attainment of proper shelter, food and clothing by them, as well as ensure peace and happiness of the humanity at large; (vi) To open, found, build, equip, takeover, conduct, maintain and grant aids to dispensaries, maternity homes, hospitals, lunatic asylums or any other institutions of the like nature; (vii) To found, construct, maintain, support, assist or grant aids or subscriptions to places for cultural, social or other discourses; (viii) To erect, construct, establish, takeover, maintain poor houses, dharmasalas, parks, bridges, bathing ghats, cremation grounds etc for the use of the public. (ix) To help widows, orphans, lunatics and indigent persons and to give relief to the poor and distressed; (x) To give relief, by subscription or otherwise, during famine, flood, earthquake, pestilence or any other calamity; (xi) To establish, help or maintain institutions for the cultural, social or economic advancement within the country; (xii) To revive, investigate, promote and spread the ancient science of astrology, jyotish and astronomy. (xiii) To give donations, subscriptions or contributions to any other charitable Trust; (xiv) To subscribe to such other charitable objects as the Trustees may deem proper. (b) For the purpose of carrying out the aforesaid object, the Trustees may (i) Purchase, or otherwise acquire any property, rights, leases and concessions etc; (ii) Purchase or otherwise acquire, start, establish, equip or close any business, undertaking or industry; (iii) Purchase, acquire or undertake the whole or any part of property and liabilities of any person, firm or company; (iv) Train persons in any business or industry and grant them stipends, allowances or bonuses as may be determined by the Trustees from time to time; (v) Enter into all necessary contracts incidental or conducive to the fulfillment of the aforesaid objects, provided that the income and profits derived from these shall be utilised for the objects and in the manner provided in this Trust Deed. 6. The Trust Property shall vest in the Trustees who shall hold, manage, and administer the same in accordance with the terms and conditions set out herein. 7 a) There shall not be less than three and not more than seven Trustees who shall together constitute the Board of Trustees. b) The following persons shall constitute the first Board of Trustees. The number of Trustees may further be increased as provided herein:- 1. 2. 3. c) The power to fix the number of Trustees from time to time, to vary the maximum or the minimum number or to appoint new or additional Trustees, to fill up any vacancies, the conditions on which any or these Trustees are appointed, or the manner, if any, in which their successors are to be appointed, shall vest in the Founder. The maximum or minimum number of Trustees fixed by the founder shall not be altered except by him/her. d) The Founder and after him/her, or even in his/her lifetime, if he/she so desires, the Board of Trustees shall in accordance with the terms of this Deed, select, appoint and co-opt one or more Trustees. Such selection, appointment and co-option shall be made by a majority of three-fourth of the number of Trustees and persons so appointed shall hold office and be liable to retirement as herein mentioned. The term 'three-fourths' when it is not a complete integer, shall mean, if the fraction is not less than half, the next higher and when the fraction is below half, the next lower integer. e) The Founder shall hold office as Trustee for his/her lifetime. The other Trustees shall ordinarily hold office for three years, but they shall be eligible for re-appointment after their retirement on the expiry of the term. Provided that any such Trustee shall also cease to be a Trustee when he is requested in writing by all the other Trustees, without assigning any reason therefore, to vacate his office. f) After the death of the founder, in case the requisite number of Trustees either to fill up the minimum number of Trustees is not appointed by the Board of Trustees due to failure of three-fourth majority, the matter of selection and appointment of a suitable person shall be preferred to the Chief Justice of the Supreme Court of India and the selection and appointment made by him, in accordance with the provisions herein, shall be binding on the then Board of Trustees. In case the said Chief Justice refuses to do so or is not successful in selecting a Trustee, the appointment shall, by appropriate proceedings, be made by the Court having jurisdiction in the matter. 8. The Founder shall have the power to nominate any one of the Trustees to be the Chairman of the Board of Trustees for such period as he may determine. After his death, the Board of Trustees may appoint any one of themselves as Chairman for such period as they may determine from time to time. 9. The Trustees shall carry out the aforesaid objects of the Trust from out of the Trust property and from its income. 10.The Trustees shall have full powers to do everything in or for the furtherance of this Trust or beneficial or conducive thereto, subject to the conditions laid down in this Trust Deed. 11. The Trustees shall have full power and discretion to acquire, hold, carry on and manage any trade or business or any part thereof, and to employ the whole or any portion of the Trust property or any funds of the Trust in such trade or business, or in running concerns or managing agencies, or in securities or shares and debentures of public or private limited companies or other investments and realise or vary the same or any branch or portion thereof, as they may deem proper from time to time, provided however, that the income profits and gains thereof shall be utilised and applied only for and on behalf of the Trust as provided herein. 12. The Trustees shall be entitled to sell all kinds of assets and property of the Trust or any part thereof or exchange the same for equality of exchange. 13. The Trustees may lease or let out on rent or royalty and land or building or any part thereof belonging to the Trust or acquired or constructed for the purposes of the Trust or any land or building vested in it, or sub-lease or give right to exploit any concessions or licenses on such rent or royalty to any person either from year to year or for a term of years and on such other terms and covenants as they may think fit and the rent or royalty so received shall form part of the income of the Trust and be accordingly. 14. The receipt of the Trustees for any money payable to the Trust upon any sale or exchange or for any rent reserved upon any such lease as aforesaid or otherwise shall be sufficient discharge for the same to any purchaser, mortgagor, lessee or other person dealing with the Trust and such purchaser, mortgagor, lessee or other person shall not be bound or concerned to see to the application of the said money. 15. The Trustees may, at any time, if they consider it necessary or beneficial to the Trust, raise or borrow money for the use and benefit of the Trust on any terms, and on any security or otherwise, as they may consider proper. 16. (a) The Trustees may accept donations and contributions, as gifts or otherwise from any person, corporation, institution, State or Government of any country or from any other Trust; and all these may be accepted in any form, such as money, bullion, ornaments, machinery, workshops , factories running concerns, stores, raw materials, fabricated goods, finished goods, managing agencies, royalties, rights, licenses, concessions, useful animals and movable or immovable property of all kinds. Provided, however, that the Trustees may decline to accept any such donations or contributions at their discretion without assigning any reasons therefor. b) Such donations, if accepted by the Trustees, shall be dealt with, as regards their investment and disposal, by the Trustees according to the wishes (if any) of the donor, unless such wishes are in violation of any law or in derogation to the objects of the Trust, and, in absence of any Specific directions by the donor, they shall be dealt with according to the decision of the Trustees. 17. a) The Trustees may deposit any money, subject to the terms of this Trust Deed and whether required for the expenses of the Trust or not, in any Bank or in any Joint Stock Co and withdraw the same from time to time as they may decide. They may open accounts with any Bank or banking institution. b) No portion of the Trust money shall be lent to, or kept in deposit with, any of the Trustees or any firm in which any of the Trustees may be a partner, nor shall any of the Trustees apply any portion of the Trust property or fund for his own use or benefit either directly or indirectly. 18. The Trustees shall cause to be kept true and correct, accounts of all assets and liabilities and money received and expenses incurred by them in respect of the Trust, and once in every year such accounts together with a balance sheet shall be examined, audited and certified by such auditor or auditors as may be appointed by the Trustees from time to time on such remuneration or otherwise as they may decide. These annual statements of audited accounts shall be adopted and signed by the Trustees soon after the same are ready as stated herein. b) All the main account books of the Trust shall be kept at the head office of the Trust or at such other places as the Trustees may decide. The branches of the Trust, wherever established, may if desired by the Trustees, maintain separate accounts of their own, which shall be incorporated in the Head Office accounts and when considered proper and convenient but not later than the annual closing. 19. a) The Trustees are authorised to carry on the administration of the Trust in the manner they may consider best, and for the administration of the Trust, including the purpose or policy thereof, they may frame schemes, rules and regulations and may decide the same from time to time as deemed fit. They may also form committees or sub-committees for the purpose of the administration of the Trust or for management of its properties and business. 20 The Founder may appoint any one or more Trustees as Managing Trustee or Managing Trustees and shall have the power to cancel and vary such appointments. After the death of the Founder, or earlier at his discretion, this power shall vest in the Board of Trustees. To the Managing Trustee (or Managing Trustees) may be delegated such powers as the Founder or the Board of Trustees respectively, as the case may be, may decide from time to time by executing a power of attorney or otherwise authorising the said Managing Trustee (or Managing Trustees) to act jointly or severally and with or without power to sub-delegate any of such powers to any other person considered fit by the Managing Trustees for that purpose. 21. The Trustees may appoint paid or honorary Secretary or Manager and other officers and staff to manage and administer the Trust and to maintain the books of accounts of the Trust as well as to carry out correspondence and all other business on behalf of the Trust, as may be necessary, and pay their remuneration. 22. The Trustees may, in the conduct of the Trust business, employ agents and other employees and pay them salary or commission as they may, at their discretion, consider necessary, and delegate to or confer upon these agents or employees such authority and power on behalf of the Trust, as the Trustees may deem proper. 23. The Trustees for the time being shall meet at least once in every calendar year and at a time and place to be decided by them for the purpose of transacting the business of the Trust, and the decision of the majority of the Trustees shall regulate such business, provided always that it shall be open to the Trustees to make rules and regulations relating to such meetings and the conduct of their business. 24. Any Trustees may call a meeting of the Board of Trustees by giving each Trustee one week's notice or such shorter notice as the Trustees may decide from time to time. No notice of meeting need be sent to a Trustee who is not in India at the time such meeting is held. A notice calling a meeting of the Trustees may be issued by the Secretary or Manager of the Trust 25. The quorum for a meeting of the Board of Trustees, unless otherwise determined, shall be two. But this shall not effect the power and right of the continuing Trustee to appoint another Trustee to make up the quorum so long as the number is below that. 26. Any resolution signed by a majority of the Trustees, on circulation to all the Trustees, shall be as good as passed in a meeting of the Board of Trustees. 27. The decision of the majority in case of difference of opinion amongst the Trustees in any matter shall be final. The chairman of a meeting of the Board of Trustees in a matter of tie will have a casting vote. 28. The Trustees shall not be entitled to any remuneration, but they may be paid all reasonable travelling and other expenses for attending meetings of the Board of Trustees or in connection with the business of the Trust, provided however, that the Managing Trustee/s may be paid any honorarium for special services to the Trust, as may be unanimously decided upon by the Board of Trustees from time to time. 29. In the professed execution of the Trust and powers hereof, no Trustee shall be liable for any loss to the Trust property arising by reason of any investment made in good faith or for the negligence or fraud of any agent or employee, employed by him or her or by any other Trustee, although the employment of such agent or employees was not strictly necessary or expedient, or by reason of any strictly necessary or expedient or by reason of any mistake or omission made in good faith by any Trustee, or by reason of any other matter or thing, except willful fraud or wrong act on the part of the Trustee who is sought to be made liable. 30. The Trustees shall not spend the trust fund outside the country without the prior approval of CBDT and funds of the trust shall be invested as per the provisions of the Income Tax Act 1961. 31. The aims, objects, purposes, pursuits and other provisions of this Trust Deed have been framed and laid down in accordance with law so that this Trust shall never fail. But if any time the Trustees find or come to know that any provision herein is invalid or contrary to law, it shall be their duty to cancel, and treat as cancelled, such particular provision so that the other provisions hereof may not be rendered invalid or otherwise affected. In the interpretation of this Deed words imparting the singular number include where the context admits or requires, the plural number and vice versa. (Donor & Trustee) Draft format of Private Trust Deed. Private Trust formation document format. Format of Private Trust Deed is given below. It is not mandatory to register a private Trust with the Registrar. But the registered private trust deed is valid for all legal purposes. Private Trust Deed can be registered with the Sub-Registrar / Registrar in the particular area. ____________TRUST THIS DEED OF TRUST made this ________ day of ________, ____ by __________________, son/wife of _____________________________ residing at ____________________________________________________________, Passport No. _______________ issued from ____________ and valid upto ___________ hereinafter referred to as the Settlor (which expression shall, unless excluded by or repugnant to the subject or context mean and include his heirs, executors, successors, administrators and legal representatives) of the ONE PART, and Shri _______________________, son/wife of ___________________________, resident of ______________________________________________, Passport No. __________________ issued from _______________ and valid upto ______________. and __________________, son/wife of __________________________, residing at ______________________, Passport No. ___________________ issued from ____________ and is valid upto ____________. [hereinafter jointly referred to as the Trustees (which expression shall, unless excluded by or repugnant to the subject or context mean and include the Trustee or Trustees for the time being and the successor or successors in office of the Trustees hereunder) ]of the OTHER PART. AND WHEREAS in pursuance of the said desire prior to the execution of these presents, the Settlor has handed over a sum of Rs.5,000/- by cash to the Trustees (which fact the Trustees do hereby admit and acknowledge); NOW THIS INDENTURE WITNESSETH that in consideration of natural love and affection that the Settlor has for the beneficiaries (named hereinabove) and for diverse other good causes and considerations the Settlor doeth hereby make this declaration of trust and say that he/she has already handed over the said sum of Rs. 5,000/- (Rupees Five Thousand only) by cash to the Trustees, to have and to hold the said sum irrevocably for the use and upon Trust and for the ends, intents and purposes as contained in this Deed. AND WHEREAS at the desire of the parties settlor has now agreed to register the Deed of Trust. AND WHEREAS the settlor has constituted this Trust with the Trustees mentioned hereinabove as the first Trustees; NOW THIS DEED WITNESSETH AS FOLLOWS: 1. NAME OF THE TRUST This trust shall be known as the '_______________' [hereinafter referred to as the trust]. 2. TRUST PROPERTY For effectuating his said desire and for diverse good causes and considerations thereunto the Settlor doth hereby make over, transfer and assign to the trust the aforesaid sum of Rs 5,000/- as Trust Property, to hold the same and all rentals and other incomes generated therefrom and all monies received by way of investments made from the incomes generated thereof, for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject matter of the Trust (hereinafter collectively referred to as the 'Trust Properties') upon Trust to be used only for the objects and purposes hereinafter expressed with the power, provisions and / or upon the terms and conditions hereinafter mentioned concerning the same. 3. DUTIES OF THE TRUSTEES The Trustees have accepted the said trust properties and agreed to hold the same and investment thereof for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject to the Trust for the objects and purposes hereinafter expressed. 4. The Trustees shall hold and stand possessed of the Trust properties for the tenure of this trust and during the lifetime of and for the benefit of the Beneficiaries. 5. BENEFICIARIESThe beneficiaries of this trust shall be: ____________ aged about ___________ years son/daughter of __________________, resident of _______________________; and lineal descendent of ___________________. 6. TENURE OF THE TRUST The tenure of this Trust shall be for a period of ten years from the date of commencement of this Trust. However the Trustees may put an end to the trust at any time or continue the trust beyond the period of ten years, whichever in their discretion is in the interest of the beneficiaries. 7. PURPOSES OF THE TRUST During the tenure of this Trust, the Trustees shall as and when necessary from time to time apply whole or part of the corpus and/or income of the Trust at their discretion for the maintenance, education, medical treatment, marriage or for any other use and enjoyment of the said Beneficiaries. Upon the expiry of this trust for whatever reason, the balance of the corpus and/or the income of the trust properties will be distributed by the trustees at their discretion, to the beneficiaries 8. EXPENSES OF THE TRUST The Trustees shall meet, discharge and pay all outgoings and expenses of and incidental to the administration of the Trust out of the income and profits of the Trust properties and subject thereto shall hold, accumulate and / or apply the income and / or funds of the Trust for the intents and purposes herein declared and expressed of and concerning the Trust properties and funds. 9. POWER OF TRUSTEES TO ESTABLISH BUSINESS / PARTNERSHIP The Trustees may with the use of the Trust properties and funds for and on behalf and for the benefit of the Trust carry on by themselves or in partnership with others such business in such name or names and in such manner as they in their absolute discretion may think fit and proper and may also close and restart any such business and in the conduct and management of such business the Trustees shall have powers to do all such acts, deeds and things as they may consider necessary and expedient. 10. The Trustees may nominate any one or more of them to be a partner in such partnership business or the trustees may nominate any one among them to be a director in a company where the Trust may be competent and authorised to appoint or nominate a director on the Board, as hereinabove stated on behalf of the Trust, in such case though ostensibly such nominees may appear in such partnership as a partner in his individual name, the Trustees shall be bound to indemnify such nominee against all losses and liabilities which he / she may incur as a partner or a Director as the case may be, out of the Trust Properties. The Trustees may meet out of the incomes of the Trust properties such losses as may be incurred in any business whether carried on by the Trust itself or in partnership with others. 11. EXPENSES INCURRED BY TRUSTEES IN DISCHARGE OF THEIR DUTIES All expenses incurred by the Trustees personally in the discharge of their duties as Trustees shall be deemed to be expenses of the Trust and shall be treated as such for all purposes including the computations for the purposes of paying taxes, if any, by the Trust. 12. TAXES OF THE TRUST It must be clarified that the taxes, if any, which may have to be paid by the Trust or the Trustees as the case may be shall be provided for and/or paid out of the Trust properties before the same are utilised or in any way expended on the Beneficiaries. 13. POWERS OF THE TRUSTEESThe Trustees shall also have the following powers and authority. a) To invest the Trust properties or the income thereof either in the purchase of or construction of immovable property or for taking on lease or licence immovable property and making construction thereon either by the Trust itself or in co-ownership or in co-partnership or in the purchase of movable properties or in shares, debentures, stocks or other securities, in accordance with any law for the time being in force regarding the powers of the Trustees to invest Trust Funds, or in deposit with any individual firm or company including those in which the Trustees or any of them may be directly interested on such terms and conditions with or without any security as the Trustees may think fit and proper. b) To sell, alter, vary or transpose or otherwise dispose of or alienate the Trust properties or any investment representing the same, and to reinvest the same in any manner as the Trustee may, in their discretion, think fit and proper. c) To pay all charges, impositions and other outgoings payable in respect of the Trust properties or any property comprised in the Trust and also to pay all costs of and incidental to the administration and management of the Trust properties for the time being. d) To let out or demise any immovable property that may be comprised in the Trust properties on such terms and conditions as the Trustees may, in their discretion, think fit and proper. e) To sell, dispose of or otherwise transfer any immovable property which may be comprised in the Trust and to invest the sale proceeds thereof in any investment as the Trustees may in their discretion think fit and proper. f) To raise or borrow moneys required for the purpose of the said Trust with or without security or mortgage, hypothecation, charge or pledge of the Trust properties or any part thereof and at such rate of interest and on such terms and conditions as the Trustees may in their discretion think fit and proper. g) To compromise, compound and refer to arbitration all actions, suits, proceedings and disputes touching and concerning the Trust properties or any of them. h) To accept any gift or contribution in cash or in kind and of any property movable or immovable from any person for the objects and purposes of the Trust. i) To receive realise and / or accept any money or other property or asset for and on behalf of the Trust and to hold the same in such form or manner as the Trustees may think fit and proper. j) To appoint constituted attorneys or agents and to delegate to such attorney or agent/s all or any of the powers vested in them under these presents. k) To appoint a Secretary, Clerk or Clerks or other employees to look after and manage the Trust properties or business or affairs and to allot to such Secretary, Clerk or Clerks or other employee on such terms and conditions, such duties as the Trustees may, in their discretion, think fit and proper. 14. Without prejudice to the above and in addition thereto the Trustees shall have all such powers as may be necessary for carrying out the objects of the Trust and for performing their duties and functions under the Trust including the power to amend any of the provisions of this trust, however the trustees shall not have the power to amend, in any way, the list of beneficiaries as contained in para 5 of this Deed. 15. Any one of the Trustees shall be entitled to open and operate savings, current, cash credit, fixed deposit or any other account with any Bank/s and shall be entitled to deposit all sums that may be received on account of and for the Trust hereof whether as gifts, contribution, interest, dividend or income or otherwise and make withdrawals therefrom and to give instructions to the Bank for transfer and / or re-transfer of any amount and /or interest from one account to the other and vice-versa. 16. Any Trustee can, with the approval of the other Trustees, nominate or appoint Constituted Attorneys or Agents and to delegate to such Constituted Attorney or Agent all such duties and/or powers as may be necessary to implement and carry out and/or to execute documents in accordance with the decision of the Trustees and from time to time remove such attorney or agent and re-appoint other or others in his or their place. 17. DELEGATION OF POWERS OF TRUSTEES Any Trustee may delegate in writing all or any of his/her powers and authorities to his/her other Co-Trustees who will be entitled to exercise such power or powers in the same manner as the Trustee himself or herself could have personally done. 18. The Trustees may, by a resolution direct that any act, deed or thing required to be done or executed by them may be done or executed by any one or more of them and in such cases any act, deed or thing done or executed in pursuance of such resolution shall be valid and effectual as if it had been done or executed by all the Trustees. Such delegation of authority may be general or special. 19. The Trustees shall be at liberty to employ or engage solicitors, Advocates, Banker or any other agents as they, in their discretion, may think fit and proper in connection with any matter relating to the Trust or its affairs thereof and shall be entitled to pay all charges and expenses therefore out of the said Trust properties. 20. A Trustee shall not be responsible or answerable for any loss or any act of omission or commission by any constituted attorney or agent or employee or other co-Trustee or Trustees unless occasioned by his / her willful neglect or default. 21. ACCOUNTS OF THE TRUST The Trustees shall cause true and correct accounts to be kept of all moneys received and spent and of all matters in respect thereof in the course of management of the Trust or in relation to the carrying out of the objects and purposes of the Trust as well as of all the assets credits and effects of the Trust properties and funds. Such accounts shall be closed on 31st day of March every year or such other date as the Trustees in their discretion may decide. 22. DECISIONS BY TRUSTEES It will be the endeavor of the trustees to take all decisions unanimously however, In the case of any difference of opinion amongst the Trustees, in case there is more than one Trustee, the opinion of the majority shall prevail. 23. RESIGNATION OF TRUSTEES Any of the Trustees may resign from the office of Trustee on giving one month's notice, in writing, to the other Trustee or Trustees. 24. APPOINTMENT OF TRUSTEES The Trustees shall have the right to appoint one or more Trustee or Trustees. Notwithstanding anything contained in clause 22 hereinabove, a new Trustee shall be appointed to the Trust only with the express consent of all the surviving Trustees. 25. DEATH OR RESIGNATION OF TRUSTEES If any Trustee dies or resigns or becomes incapable or unfit to act, the continuing or surviving Trustee or Trustees shall be entitled to appoint a successor in place of the Trustee(s) dying or retiring or becoming incapable or unfit to act. 26. Upon the appointment of a new Trustee or Trustees, the Trust properties shall vest in the new Trustee or Trustees jointly with the continuing or surviving Trustees with the powers, provisions and subject to the Trust hereby created. 27. EMERGENCY POWERS Notwithstanding anything contained in this Deed, in the event of any of the beneficiaries, requiring money in an emergency, the Trustees may in their discretion, distribute any portion of the Trust Property to the Beneficiaries, to meet any such emergencies. IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above - written. SIGNED AND DELIVERED by the Settlor at ______ in the presence of sd/- 1. 2.
- DECLARATION FOR TRUST
DECLARATION FOR TRUST Download Word Document In English. (Rs.90/-) Download PDF Document In Marathi. (Rs.75/-) THIS DECLARATION OF TRUST made at this day of by Shri , son of , by caste , by occupation , residing at ____________________(hereinafter referred to as the 'Founder') is as follows:- WHEREAS the donor had dedicated and endowed a sum of Rs. 5,100/- (Rupees Five thousand and one hundred only) and has created a charitable trust for the benefit of the public which is being called as Charitable Trust, subject to the following terms and conditions as set out hereunder:- AND WHEREAS it has now been considered as expedient and desirable to reduce the terms and conditions of the creation of the above said charitable trust in writing:- AND WHEREAS with a view to secure proper and permanent administration of the Trust, it is considered to execute a formal Deed of Trust: NOW THIS DEED WITNESSETH and it is hereby declared as follows:- 1) The name of the Trust shall be __________________ (hereinafter referred to as the 'Trust'). 2) The above said sum of Rs shall be the property of the Trust. 3) The term 'Trust Property' shall mean and include the said sum of Rs. 5,100/-(Rupees five thousand and one hundred only) all additions and accretions hereto, the income thereof and the acquisition therewith in whatever form and all other property which may from time to time vest in, or come from any source to, the Trust. 4) The Head Office of the Trust shall be situated at ________________________ but the Trustees shall be at liberty to transfer the same to such other place as may be determined by them from time to time. 5) The objects of the Trust shall include the following:- (a) (i) To open, found, construct, establish, takeover, equip, promote, conduct, maintain, support, subsidise, grant aids, to make donations to hospitals, schools, colleges, pathshalas, boarding houses, reading rooms, libraries, art, music or literary societies and other institutions, educational or otherwise, associations, printing presses, journals, newspapers, periodicals and other publications for imparting or developing commercial, industrial, legal, medical engineering, scientific or other knowledge or training. (ii) To give stipends, scholarships, travelling expenses, allowances and monetary aids to students and scholars in India and abroad; (iii) To open, found, establish, equip, finance, assist, maintain, or contribute to technical, industrial, or commercial concerns, institutions, associations, or bodies imparting any type of training or providing employment to persons; (iv) To open, found, conduct, maintain or contribute to the opening and maintaining of such institutions where work at living wages can be provided to poor and deserving people or which are conducive to the benefit of the poor and the development of industries; (v) To promote the well-being of humanity by establishing or assisting the formation or aiding of humanitarian institutions and to start, encourage, promote or support institutions and societies to harmonise social and economic interest of the peoples of the world and to unite them in such a manner as may best ensure the attainment of proper shelter, food and clothing by them, as well as ensure peace and happiness of the humanity at large; (vi) To open, found, build, equip, takeover, conduct, maintain and grant aids to dispensaries, maternity homes, hospitals, lunatic asylums or any other institutions of the like nature; (vii) To found, construct, maintain, support, assist or grant aids or subscriptions to places for cultural, social or other discourses; (viii) To erect, construct, establish, takeover, maintain poor houses, dharmasalas, parks, bridges, bathing ghats, cremation grounds etc for the use of the public. (ix) To help widows, orphans, lunatics and indigent persons and to give relief to the poor and distressed; (x) To give relief, by subscription or otherwise, during famine, flood, earthquake, pestilence or any other calamity; (xi) To establish, help or maintain institutions for the cultural, social or economic advancement within the country; (xii) To revive, investigate, promote and spread the ancient science of astrology, jyotish and astronomy. (xiii) To give donations, subscriptions or contributions to any other charitable Trust; (xiv) To subscribe to such other charitable objects as the Trustees may deem proper. (b) For the purpose of carrying out the aforesaid object, the Trustees may (i) Purchase, or otherwise acquire any property, rights, leases and concessions etc; (ii) Purchase or otherwise acquire, start, establish, equip or close any business, undertaking or industry; (iii) Purchase, acquire or undertake the whole or any part of property and liabilities of any person, firm or company; (iv) Train persons in any business or industry and grant them stipends, allowances or bonuses as may be determined by the Trustees from time to time; (v) Enter into all necessary contracts incidental or conducive to the fulfillment of the aforesaid objects, provided that the income and profits derived from these shall be utilised for the objects and in the manner provided in this Trust Deed. 6. The Trust Property shall vest in the Trustees who shall hold, manage, and administer the same in accordance with the terms and conditions set out herein. 7 a) There shall not be less than three and not more than seven Trustees who shall together constitute the Board of Trustees. b) The following persons shall constitute the first Board of Trustees. The number of Trustees may further be increased as provided herein:- 1. 2. 3. c) The power to fix the number of Trustees from time to time, to vary the maximum or the minimum number or to appoint new or additional Trustees, to fill up any vacancies, the conditions on which any or these Trustees are appointed, or the manner, if any, in which their successors are to be appointed, shall vest in the Founder. The maximum or minimum number of Trustees fixed by the founder shall not be altered except by him/her. d) The Founder and after him/her, or even in his/her lifetime, if he/she so desires, the Board of Trustees shall in accordance with the terms of this Deed, select, appoint and co-opt one or more Trustees. Such selection, appointment and co-option shall be made by a majority of three-fourth of the number of Trustees and persons so appointed shall hold office and be liable to retirement as herein mentioned. The term 'three-fourths' when it is not a complete integer, shall mean, if the fraction is not less than half, the next higher and when the fraction is below half, the next lower integer. e) The Founder shall hold office as Trustee for his/her lifetime. The other Trustees shall ordinarily hold office for three years, but they shall be eligible for re-appointment after their retirement on the expiry of the term. Provided that any such Trustee shall also cease to be a Trustee when he is requested in writing by all the other Trustees, without assigning any reason therefore, to vacate his office. f) After the death of the founder, in case the requisite number of Trustees either to fill up the minimum number of Trustees is not appointed by the Board of Trustees due to failure of three-fourth majority, the matter of selection and appointment of a suitable person shall be preferred to the Chief Justice of the Supreme Court of India and the selection and appointment made by him, in accordance with the provisions herein, shall be binding on the then Board of Trustees. In case the said Chief Justice refuses to do so or is not successful in selecting a Trustee, the appointment shall, by appropriate proceedings, be made by the Court having jurisdiction in the matter. 8. The Founder shall have the power to nominate any one of the Trustees to be the Chairman of the Board of Trustees for such period as he may determine. After his death, the Board of Trustees may appoint any one of themselves as Chairman for such period as they may determine from time to time. 9. The Trustees shall carry out the aforesaid objects of the Trust from out of the Trust property and from its income. 10.The Trustees shall have full powers to do everything in or for the furtherance of this Trust or beneficial or conducive thereto, subject to the conditions laid down in this Trust Deed. 11. The Trustees shall have full power and discretion to acquire, hold, carry on and manage any trade or business or any part thereof, and to employ the whole or any portion of the Trust property or any funds of the Trust in such trade or business, or in running concerns or managing agencies, or in securities or shares and debentures of public or private limited companies or other investments and realise or vary the same or any branch or portion thereof, as they may deem proper from time to time, provided however, that the income profits and gains thereof shall be utilised and applied only for and on behalf of the Trust as provided herein. 12. The Trustees shall be entitled to sell all kinds of assets and property of the Trust or any part thereof or exchange the same for equality of exchange. 13. The Trustees may lease or let out on rent or royalty and land or building or any part thereof belonging to the Trust or acquired or constructed for the purposes of the Trust or any land or building vested in it, or sub-lease or give right to exploit any concessions or licenses on such rent or royalty to any person either from year to year or for a term of years and on such other terms and covenants as they may think fit and the rent or royalty so received shall form part of the income of the Trust and be accordingly. 14. The receipt of the Trustees for any money payable to the Trust upon any sale or exchange or for any rent reserved upon any such lease as aforesaid or otherwise shall be sufficient discharge for the same to any purchaser, mortgagor, lessee or other person dealing with the Trust and such purchaser, mortgagor, lessee or other person shall not be bound or concerned to see to the application of the said money. 15. The Trustees may, at any time, if they consider it necessary or beneficial to the Trust, raise or borrow money for the use and benefit of the Trust on any terms, and on any security or otherwise, as they may consider proper. 16. (a) The Trustees may accept donations and contributions, as gifts or otherwise from any person, corporation, institution, State or Government of any country or from any other Trust; and all these may be accepted in any form, such as money, bullion, ornaments, machinery, workshops , factories running concerns, stores, raw materials, fabricated goods, finished goods, managing agencies, royalties, rights, licenses, concessions, useful animals and movable or immovable property of all kinds. Provided, however, that the Trustees may decline to accept any such donations or contributions at their discretion without assigning any reasons therefor. b) Such donations, if accepted by the Trustees, shall be dealt with, as regards their investment and disposal, by the Trustees according to the wishes (if any) of the donor, unless such wishes are in violation of any law or in derogation to the objects of the Trust, and, in absence of any Specific directions by the donor, they shall be dealt with according to the decision of the Trustees. 17. a) The Trustees may deposit any money, subject to the terms of this Trust Deed and whether required for the expenses of the Trust or not, in any Bank or in any Joint Stock Co and withdraw the same from time to time as they may decide. They may open accounts with any Bank or banking institution. b) No portion of the Trust money shall be lent to, or kept in deposit with, any of the Trustees or any firm in which any of the Trustees may be a partner, nor shall any of the Trustees apply any portion of the Trust property or fund for his own use or benefit either directly or indirectly. 18. The Trustees shall cause to be kept true and correct, accounts of all assets and liabilities and money received and expenses incurred by them in respect of the Trust, and once in every year such accounts together with a balance sheet shall be examined, audited and certified by such auditor or auditors as may be appointed by the Trustees from time to time on such remuneration or otherwise as they may decide. These annual statements of audited accounts shall be adopted and signed by the Trustees soon after the same are ready as stated herein. b) All the main account books of the Trust shall be kept at the head office of the Trust or at such other places as the Trustees may decide. The branches of the Trust, wherever established, may if desired by the Trustees, maintain separate accounts of their own, which shall be incorporated in the Head Office accounts and when considered proper and convenient but not later than the annual closing. 19. a) The Trustees are authorised to carry on the administration of the Trust in the manner they may consider best, and for the administration of the Trust, including the purpose or policy thereof, they may frame schemes, rules and regulations and may decide the same from time to time as deemed fit. They may also form committees or sub-committees for the purpose of the administration of the Trust or for management of its properties and business. 20 The Founder may appoint any one or more Trustees as Managing Trustee or Managing Trustees and shall have the power to cancel and vary such appointments. After the death of the Founder, or earlier at his discretion, this power shall vest in the Board of Trustees. To the Managing Trustee (or Managing Trustees) may be delegated such powers as the Founder or the Board of Trustees respectively, as the case may be, may decide from time to time by executing a power of attorney or otherwise authorising the said Managing Trustee (or Managing Trustees) to act jointly or severally and with or without power to sub-delegate any of such powers to any other person considered fit by the Managing Trustees for that purpose. 21. The Trustees may appoint paid or honorary Secretary or Manager and other officers and staff to manage and administer the Trust and to maintain the books of accounts of the Trust as well as to carry out correspondence and all other business on behalf of the Trust, as may be necessary, and pay their remuneration. 22. The Trustees may, in the conduct of the Trust business, employ agents and other employees and pay them salary or commission as they may, at their discretion, consider necessary, and delegate to or confer upon these agents or employees such authority and power on behalf of the Trust, as the Trustees may deem proper. 23. The Trustees for the time being shall meet at least once in every calendar year and at a time and place to be decided by them for the purpose of transacting the business of the Trust, and the decision of the majority of the Trustees shall regulate such business, provided always that it shall be open to the Trustees to make rules and regulations relating to such meetings and the conduct of their business. 24. Any Trustees may call a meeting of the Board of Trustees by giving each Trustee one week's notice or such shorter notice as the Trustees may decide from time to time. No notice of meeting need be sent to a Trustee who is not in India at the time such meeting is held. A notice calling a meeting of the Trustees may be issued by the Secretary or Manager of the Trust 25. The quorum for a meeting of the Board of Trustees, unless otherwise determined, shall be two. But this shall not effect the power and right of the continuing Trustee to appoint another Trustee to make up the quorum so long as the number is below that. 26. Any resolution signed by a majority of the Trustees, on circulation to all the Trustees, shall be as good as passed in a meeting of the Board of Trustees. 27. The decision of the majority in case of difference of opinion amongst the Trustees in any matter shall be final. The chairman of a meeting of the Board of Trustees in a matter of tie will have a casting vote. 28. The Trustees shall not be entitled to any remuneration, but they may be paid all reasonable travelling and other expenses for attending meetings of the Board of Trustees or in connection with the business of the Trust, provided however, that the Managing Trustee/s may be paid any honorarium for special services to the Trust, as may be unanimously decided upon by the Board of Trustees from time to time. 29. In the professed execution of the Trust and powers hereof, no Trustee shall be liable for any loss to the Trust property arising by reason of any investment made in good faith or for the negligence or fraud of any agent or employee, employed by him or her or by any other Trustee, although the employment of such agent or employees was not strictly necessary or expedient, or by reason of any strictly necessary or expedient or by reason of any mistake or omission made in good faith by any Trustee, or by reason of any other matter or thing, except willful fraud or wrong act on the part of the Trustee who is sought to be made liable. 30. The Trustees shall not spend the trust fund outside the country without the prior approval of CBDT and funds of the trust shall be invested as per the provisions of the Income Tax Act 1961. 31. The aims, objects, purposes, pursuits and other provisions of this Trust Deed have been framed and laid down in accordance with law so that this Trust shall never fail. But if any time the Trustees find or come to know that any provision herein is invalid or contrary to law, it shall be their duty to cancel, and treat as cancelled, such particular provision so that the other provisions hereof may not be rendered invalid or otherwise affected. In the interpretation of this Deed words imparting the singular number include where the context admits or requires, the plural number and vice versa. (Donor & Trustee) Draft format of Private Trust Deed. Private Trust formation document format. Format of Private Trust Deed is given below. It is not mandatory to register a private Trust with the Registrar. But the registered private trust deed is valid for all legal purposes. Private Trust Deed can be registered with the Sub-Registrar / Registrar in the particular area. ____________TRUST THIS DEED OF TRUST made this ________ day of ________, ____ by __________________, son/wife of _____________________________ residing at ____________________________________________________________, Passport No. _______________ issued from ____________ and valid upto ___________ hereinafter referred to as the Settlor (which expression shall, unless excluded by or repugnant to the subject or context mean and include his heirs, executors, successors, administrators and legal representatives) of the ONE PART, and Shri _______________________, son/wife of ___________________________, resident of ______________________________________________, Passport No. __________________ issued from _______________ and valid upto ______________. and __________________, son/wife of __________________________, residing at ______________________, Passport No. ___________________ issued from ____________ and is valid upto ____________. [hereinafter jointly referred to as the Trustees (which expression shall, unless excluded by or repugnant to the subject or context mean and include the Trustee or Trustees for the time being and the successor or successors in office of the Trustees hereunder) ]of the OTHER PART. AND WHEREAS in pursuance of the said desire prior to the execution of these presents, the Settlor has handed over a sum of Rs.5,000/- by cash to the Trustees (which fact the Trustees do hereby admit and acknowledge); NOW THIS INDENTURE WITNESSETH that in consideration of natural love and affection that the Settlor has for the beneficiaries (named hereinabove) and for diverse other good causes and considerations the Settlor doeth hereby make this declaration of trust and say that he/she has already handed over the said sum of Rs. 5,000/- (Rupees Five Thousand only) by cash to the Trustees, to have and to hold the said sum irrevocably for the use and upon Trust and for the ends, intents and purposes as contained in this Deed. AND WHEREAS at the desire of the parties settlor has now agreed to register the Deed of Trust. AND WHEREAS the settlor has constituted this Trust with the Trustees mentioned hereinabove as the first Trustees; NOW THIS DEED WITNESSETH AS FOLLOWS: 1. NAME OF THE TRUST This trust shall be known as the '_______________' [hereinafter referred to as the trust]. 2. TRUST PROPERTY For effectuating his said desire and for diverse good causes and considerations thereunto the Settlor doth hereby make over, transfer and assign to the trust the aforesaid sum of Rs 5,000/- as Trust Property, to hold the same and all rentals and other incomes generated therefrom and all monies received by way of investments made from the incomes generated thereof, for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject matter of the Trust (hereinafter collectively referred to as the 'Trust Properties') upon Trust to be used only for the objects and purposes hereinafter expressed with the power, provisions and / or upon the terms and conditions hereinafter mentioned concerning the same. 3. DUTIES OF THE TRUSTEES The Trustees have accepted the said trust properties and agreed to hold the same and investment thereof for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject to the Trust for the objects and purposes hereinafter expressed. 4. The Trustees shall hold and stand possessed of the Trust properties for the tenure of this trust and during the lifetime of and for the benefit of the Beneficiaries. 5. BENEFICIARIESThe beneficiaries of this trust shall be: ____________ aged about ___________ years son/daughter of __________________, resident of _______________________; and lineal descendent of ___________________. 6. TENURE OF THE TRUST The tenure of this Trust shall be for a period of ten years from the date of commencement of this Trust. However the Trustees may put an end to the trust at any time or continue the trust beyond the period of ten years, whichever in their discretion is in the interest of the beneficiaries. 7. PURPOSES OF THE TRUST During the tenure of this Trust, the Trustees shall as and when necessary from time to time apply whole or part of the corpus and/or income of the Trust at their discretion for the maintenance, education, medical treatment, marriage or for any other use and enjoyment of the said Beneficiaries. Upon the expiry of this trust for whatever reason, the balance of the corpus and/or the income of the trust properties will be distributed by the trustees at their discretion, to the beneficiaries 8. EXPENSES OF THE TRUST The Trustees shall meet, discharge and pay all outgoings and expenses of and incidental to the administration of the Trust out of the income and profits of the Trust properties and subject thereto shall hold, accumulate and / or apply the income and / or funds of the Trust for the intents and purposes herein declared and expressed of and concerning the Trust properties and funds. 9. POWER OF TRUSTEES TO ESTABLISH BUSINESS / PARTNERSHIP The Trustees may with the use of the Trust properties and funds for and on behalf and for the benefit of the Trust carry on by themselves or in partnership with others such business in such name or names and in such manner as they in their absolute discretion may think fit and proper and may also close and restart any such business and in the conduct and management of such business the Trustees shall have powers to do all such acts, deeds and things as they may consider necessary and expedient. 10. The Trustees may nominate any one or more of them to be a partner in such partnership business or the trustees may nominate any one among them to be a director in a company where the Trust may be competent and authorised to appoint or nominate a director on the Board, as hereinabove stated on behalf of the Trust, in such case though ostensibly such nominees may appear in such partnership as a partner in his individual name, the Trustees shall be bound to indemnify such nominee against all losses and liabilities which he / she may incur as a partner or a Director as the case may be, out of the Trust Properties. The Trustees may meet out of the incomes of the Trust properties such losses as may be incurred in any business whether carried on by the Trust itself or in partnership with others. 11. EXPENSES INCURRED BY TRUSTEES IN DISCHARGE OF THEIR DUTIES All expenses incurred by the Trustees personally in the discharge of their duties as Trustees shall be deemed to be expenses of the Trust and shall be treated as such for all purposes including the computations for the purposes of paying taxes, if any, by the Trust. 12. TAXES OF THE TRUST It must be clarified that the taxes, if any, which may have to be paid by the Trust or the Trustees as the case may be shall be provided for and/or paid out of the Trust properties before the same are utilised or in any way expended on the Beneficiaries. 13. POWERS OF THE TRUSTEESThe Trustees shall also have the following powers and authority. a) To invest the Trust properties or the income thereof either in the purchase of or construction of immovable property or for taking on lease or licence immovable property and making construction thereon either by the Trust itself or in co-ownership or in co-partnership or in the purchase of movable properties or in shares, debentures, stocks or other securities, in accordance with any law for the time being in force regarding the powers of the Trustees to invest Trust Funds, or in deposit with any individual firm or company including those in which the Trustees or any of them may be directly interested on such terms and conditions with or without any security as the Trustees may think fit and proper. b) To sell, alter, vary or transpose or otherwise dispose of or alienate the Trust properties or any investment representing the same, and to reinvest the same in any manner as the Trustee may, in their discretion, think fit and proper. c) To pay all charges, impositions and other outgoings payable in respect of the Trust properties or any property comprised in the Trust and also to pay all costs of and incidental to the administration and management of the Trust properties for the time being. d) To let out or demise any immovable property that may be comprised in the Trust properties on such terms and conditions as the Trustees may, in their discretion, think fit and proper. e) To sell, dispose of or otherwise transfer any immovable property which may be comprised in the Trust and to invest the sale proceeds thereof in any investment as the Trustees may in their discretion think fit and proper. f) To raise or borrow moneys required for the purpose of the said Trust with or without security or mortgage, hypothecation, charge or pledge of the Trust properties or any part thereof and at such rate of interest and on such terms and conditions as the Trustees may in their discretion think fit and proper. g) To compromise, compound and refer to arbitration all actions, suits, proceedings and disputes touching and concerning the Trust properties or any of them. h) To accept any gift or contribution in cash or in kind and of any property movable or immovable from any person for the objects and purposes of the Trust. i) To receive realise and / or accept any money or other property or asset for and on behalf of the Trust and to hold the same in such form or manner as the Trustees may think fit and proper. j) To appoint constituted attorneys or agents and to delegate to such attorney or agent/s all or any of the powers vested in them under these presents. k) To appoint a Secretary, Clerk or Clerks or other employees to look after and manage the Trust properties or business or affairs and to allot to such Secretary, Clerk or Clerks or other employee on such terms and conditions, such duties as the Trustees may, in their discretion, think fit and proper. 14. Without prejudice to the above and in addition thereto the Trustees shall have all such powers as may be necessary for carrying out the objects of the Trust and for performing their duties and functions under the Trust including the power to amend any of the provisions of this trust, however the trustees shall not have the power to amend, in any way, the list of beneficiaries as contained in para 5 of this Deed. 15. Any one of the Trustees shall be entitled to open and operate savings, current, cash credit, fixed deposit or any other account with any Bank/s and shall be entitled to deposit all sums that may be received on account of and for the Trust hereof whether as gifts, contribution, interest, dividend or income or otherwise and make withdrawals therefrom and to give instructions to the Bank for transfer and / or re-transfer of any amount and /or interest from one account to the other and vice-versa. 16. Any Trustee can, with the approval of the other Trustees, nominate or appoint Constituted Attorneys or Agents and to delegate to such Constituted Attorney or Agent all such duties and/or powers as may be necessary to implement and carry out and/or to execute documents in accordance with the decision of the Trustees and from time to time remove such attorney or agent and re-appoint other or others in his or their place. 17. DELEGATION OF POWERS OF TRUSTEES Any Trustee may delegate in writing all or any of his/her powers and authorities to his/her other Co-Trustees who will be entitled to exercise such power or powers in the same manner as the Trustee himself or herself could have personally done. 18. The Trustees may, by a resolution direct that any act, deed or thing required to be done or executed by them may be done or executed by any one or more of them and in such cases any act, deed or thing done or executed in pursuance of such resolution shall be valid and effectual as if it had been done or executed by all the Trustees. Such delegation of authority may be general or special. 19. The Trustees shall be at liberty to employ or engage solicitors, Advocates, Banker or any other agents as they, in their discretion, may think fit and proper in connection with any matter relating to the Trust or its affairs thereof and shall be entitled to pay all charges and expenses therefore out of the said Trust properties. 20. A Trustee shall not be responsible or answerable for any loss or any act of omission or commission by any constituted attorney or agent or employee or other co-Trustee or Trustees unless occasioned by his / her willful neglect or default. 21. ACCOUNTS OF THE TRUST The Trustees shall cause true and correct accounts to be kept of all moneys received and spent and of all matters in respect thereof in the course of management of the Trust or in relation to the carrying out of the objects and purposes of the Trust as well as of all the assets credits and effects of the Trust properties and funds. Such accounts shall be closed on 31st day of March every year or such other date as the Trustees in their discretion may decide. 22. DECISIONS BY TRUSTEES It will be the endeavor of the trustees to take all decisions unanimously however, In the case of any difference of opinion amongst the Trustees, in case there is more than one Trustee, the opinion of the majority shall prevail. 23. RESIGNATION OF TRUSTEES Any of the Trustees may resign from the office of Trustee on giving one month's notice, in writing, to the other Trustee or Trustees. 24. APPOINTMENT OF TRUSTEES The Trustees shall have the right to appoint one or more Trustee or Trustees. Notwithstanding anything contained in clause 22 hereinabove, a new Trustee shall be appointed to the Trust only with the express consent of all the surviving Trustees. 25. DEATH OR RESIGNATION OF TRUSTEES If any Trustee dies or resigns or becomes incapable or unfit to act, the continuing or surviving Trustee or Trustees shall be entitled to appoint a successor in place of the Trustee(s) dying or retiring or becoming incapable or unfit to act. 26. Upon the appointment of a new Trustee or Trustees, the Trust properties shall vest in the new Trustee or Trustees jointly with the continuing or surviving Trustees with the powers, provisions and subject to the Trust hereby created. 27. EMERGENCY POWERS Notwithstanding anything contained in this Deed, in the event of any of the beneficiaries, requiring money in an emergency, the Trustees may in their discretion, distribute any portion of the Trust Property to the Beneficiaries, to meet any such emergencies. IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above - written. SIGNED AND DELIVERED by the Settlor at ______ in the presence of sd/- 1. 2.
- TRUST DEED FOR CHARITABLE OBJECTS
TRUST DEED FOR CHARITABLE OBJECTS THIS TRUST DEED is created between Sh.____________________________ s/o Sh. __________________________________ r/o _____________________________________ hereinafter referred to as "the author" of the one part AND Sh. _____________________________________, Sh.___________________ __________________, and Sh.__________________________________ (hereinafter referred to as "the trustees" which expression shall include the trustee or trustees for the time being) of the other part. WHEREAS 1. The author being owner and being in complete possession of the immovable property having no. _______, more specifically stated in the Schedule I enclosed hereto and such other movable property as stated in the Schedule II enclosed hereto which being his self acquired property and he has full disposing power on it under Hindu law; 2. The author intends to gift said properties valuing at Rs. _________ for such donation purposes as stated herein after. 3. The trustees have consented to become owner of said properties/assets for effecting he wishes of the author. NOW THIS DEED WITNESSES AS FOLLOWS: 1. The said Trust shall be named as _____________________ 2. The Objects of the Trust shall be giving financial assistance: (i) to needy and poor people ,widows for enabling them earning their bread. (ii) For students of poor studies. (iii) to persons in distress, due to floods/earthquakes/other acts of God, (iv) Commonly to hospitals, educational Schools and other charitable institutions. 3. On life time of Author and capable of performance, he shall be a trustees and shall exercise, conjointly with other trustees, the powers in applying/spending the trust fund for the purposes as stated before. The majority of the trustees will decided matter relating trust. 4. The trustees shall ensure for spending purposes of the trust stated as before only by income by and out of corpus of Trust Fund. 5. The Trustees shall keep proper accounts of all amounts received/disbursed due to purposes of the trust stated as before. The trustees shall get accounts audited by a Chartered Accountant, per the enactments of the Income Tax Act. 6. If any trustees dies or resigns or become incapable or otherwise, and vacancy falls due to that, founder shall appoint other trustee in filling up the vacancy and if the founder is dead, the remaining trustees shall make the appointment. 7. If, at any moment, net proceeds coming from the properties/assets of the trust exceeds the expenditure incurred due to purposes of trust stated here in before, the Trustees shall be empowered in investing such surplus funds in such securities/bonds as given in Section 20 of the Indian Trust Act. 8. The trust fund, and the corpus and the income there from, shall not be used for any other object excepting those for which trust has been made. IN WITNESS WHERE OF, the parties hereunto have signed this deed Date Place. Witness 1. The Founder 2. The Trustee Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- DRAFT TRUST DEED (Pension Fund)
DRAFT TRUST DEED (Pension Fund) Download Word Document In English. (Rs.25/-) Download PDF Document In Marathi. (Rs.20/) DECLARATION OF TRUST is made this………………… day of………………… 2017, between…………………, having its registered office at………………… (hereinafter called ‘the Company’) of the One Part and (1) Shri…………………, (2) Shri…………………, and (3) Shri………………… (hereinafter called ‘the Trustees’) of the Other Part. WHEREAS THE COMPANY intends to creating a Pension Fund for the benefit of the employees; ANDWHEREAS it is necessary to execute a Declaration of Trust in respect of the contribution of the Company. THIS DEED WITNESSES AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES THERETO AS FOLLOWS: 1. That the above named persons, namely (1) …………………, (2) ………………… and (3) ………………… are hereby appointed as the first trustees for administering the Pension Fund of the Company and the income thereof as provided in the rules in force for the time being. 2. That the Trustees shall stand possessed of the existing Fund, Investments, as also all contributions made in future, from time to time, with all accumulations to the said Fund upon trust for the benefit of the employees of the Company. 3. In these presents, unless there is anything repugnant to the subject or context: (a) “The Fund” means the Pension Fund constituted by these presents. (b) “Member” means an employee of the Company who has been admitted to the benefits of the membership of the Fund. Provided however that a director of the company may be admitted to the benefits of membership of the fund only if he is a whole-time bona fide employee of the Company and does not beneficially own shares in the company carrying more than 5% of the total voting power. (c) “Salary” includes dearness allowance if the terms of employment so provide but excludes all other allowances and perquisites. (d) “Service” means the period of paid employment with the company which has been specifically declared by the company as having been satisfactory. Leave sanctioned without pay except on grounds of sickness or study will not count towards the total service, but the period of such leave will not be treated as an interruption in the continuity of service.212 PP-DA&P (e) “Wife” means a woman to whom the member of the fund was married on the date of his becoming eligible to a pension and in whose favour a nomination has been lodged with the Trust. (f) “Completed Years of Service” - ‘N’ is the integral quotient obtained by dividing by 12 the total service as an employee in terms of months, leave without pay other than on grounds of sickness or study for total service, if any, not counting. (g) “Terminal Leave” means leave as defined in Rule (…………………) of the “Company Leave Rules 19…..”. (h) “Year” means the period of 12 calendar months from 1st July to 30th June or such other period of 12 months as the company may, from time to time, adopt for making up its own accounts. 4. This Trust shall not be revocable except with the consent of the members of the fund. 5. That the money for the time being constituting the fund shall be invested by the trustees in such manner as may be specified, from time to time, by the Income-tax Rules, 1962. 6. The Employee permitted to retire at any age after attaining the age of 55 (fifty five) years shall be eligible for pension provided he has rendered not less than 120 calendar months of continuous service with the company as an employee. The Pension to the employee shall commence from the date immediately following the expiry of the period of any terminal leave where it is granted to him on full pay or from the date immediately following his retirement where it been granted cash compensation for the said leave. 7. The amount of pension payable to an employee shall be a monthly pension of N/60 of the average monthly salary drawn by him during the 36 complete calendar months preceding the date of retirement, ‘N’ as defined in para 3(f) above being limited to 30. The amount of pension shall not exceed the monthly ceiling of Rs.............. 8. The pension granted by the company shall be for life. However, where an employee, who has been granted a pension dies before the expiry of 20 years from the date of the commencement of pension, the pension from the date of his death for the balance of 20 years shall be paid firstly to his wife provided she does not re-marry, and, secondly, if she re-marries or dies, to his children at the rate at which the deceased employee was entitled. 9. An employee who having served the company for not less than 10 completed years of service as an employee becomes mentally or physically incapacitated and is medically declared unfit for further service with the company, may be granted by the company an invalid pension calculated on the same basis as provided under clause 7 hereof and subject to the same monthly ceiling as provided in the said clause, even though the employee has not attained the age of 55 years. Such an invalid pension will be subject to review every year and may be reduced or stopped at the sole discretion of the Board of directors of the Company. 10. If an employee dies while in service but after 10 years of completed service as an employee or dies while in receipt of invalid pension then his wife or minor children may at the sole discretion of the Board of Directors be sanctioned by the company a family pension of an amount not exceeding the pension which the employee would have been eligible to have had he retired after attaining the age of 55 years and having rendered the same number of completed years of service as provided under clause 7 hereof and subject to the same monthly ceiling as provided in the said clause. Such a pension shall be subject to review every year and may be reduced/ stopped at the sole discretion of the Board of directors of the company. 11. The trustees may allow commutation of pension granted under clauses 6 and 7 hereof in the following manner: (a) in a case where the employee receives any gratuity, the commuted value of one-fourth pension which he is normally entitled to receive, and (b) in any other case, the commuted value of one-third of such pension; such commuted value being determined having regard to the age of the recipient, state of his health, the rate of interest, and officially recognised tables of mortality. 12. (i) The number of trustees at all times shall be three. (ii) One of the Trustees shall be nominated by the Board of directors of the Company, who may be either a director or an officer of the company. The other two trustees shall be elected from amongst the members of the Pension Fund. (iii) The nominee of the Board of directors of the company shall be the Chairman of the Trust. The trustees other than the nominee of the Board of directors shall be elected by ballot by members hereof and shall hold office as trustees for 3 years, unless their seat becomes vacant earlier under Clause 13 hereafter. (iv) The nominee of the Board of directors of the company shall hold office until a new representative is appointed by the Board of directors to take his charge. 13. The place of trustee shall become vacant if a trustee (a) dies, or (b) resigns his office, or (c) is adjudged an insolvent, or (d) becomes of unsound mind, or (e) is convicted of an offence involving moral turpitude, or (f) in the case of a nominee of the Board of directors of the company ceases to be a director or an officer of the company and in the case of a elected trustee ceases to be a member of the fund, or (g) fails to attend three consecutive meetings of the trustees for any reason which the trustees do not consider to be satisfactory. 14. (i) Any casual vacancy under clause 13 above shall also be filled by holding a fresh election, in case the vacancy occurs in a seat held by an elected trustee. (ii) If a seat of an elected trustee remains vacant for more than one month, the Board of directors of the company may fill the casual vacancy by appointing a trustee from among the members for such period as the election does not take place. (iii) The person elected or nominated to a casual vacancy shall be a trustee for the residue of the term for which the person whose place he fills would have been a trustee. 15. (i) The trustees may meet together for the despatch of business, adjourn and otherwise regulate their meetings as they think fit. The Chairman and an elected trustee shall form a quorum. Questions arising at any meeting shall be decided by a majority of votes and in case of equality of votes the Chairman of the Trust shall have a casting vote. (ii) A resolution in writing signed by all the trustees for the time being shall be as valid and effectual as if it had been passed at a meeting of the Board of Trustees duly called and constituted. 16. (i) The Board of Trustees shall be authorised to delegate any of their powers to such one or more of themselves as they may think fit, from time to time, and they may vary, alter or rescind such powers or any of them as they from time to time think fit. (ii) No act or proceedings of the trustees shall be invalidated merely by reason of the existence of a vacancy among the trustees. (iii) The trustees shall cause proper minutes to be kept and entered, in a book provided for the purpose, of all their resolutions and proceedings and any such minutes of any meeting of the trustees, if purporting to be signed by the Chairman of the trustees shall be receivable as prime facie evidence of the matters stated in such minutes. 17. The Fund shall be exclusively managed and administered by the trustees in accordance with these rules, and the decision of the trustees upon any question relating to the fund or any rights or benefits in connection therewith or generally upon the interpretation of any provision of these rules shall be absolutely final and binding on all members, their executors, administrators, representatives, widows or relatives and the employers. The costs, charges and expenses of administering the fund and of the determination of any question arising under these rules or otherwise, including expenses incurred by the trustees in the discharge of their duties shall be charged to the fund and may be properly paid therefrom, from time to time. 18. The trustees shall have power to employ any person or persons (including any one or more of their numbers) to do any secretarial, legal, accountancy or other work which they may consider necessary or expedient in connection with the management of the fund and to pay therefore in addition to all other proper disbursements, all ordinary or reasonable charges out of the fund. 19. The trust property shall consist of such yearly and other contribution as the company may make to the trust or such other sums as the company shall from time to time, determine provided that the annual contribution by the company to the fund in respect of any particular employee shall not exceed 25% of his salary for each year as reduced by the company’s contribution, if any, to any provident fund (whether recognised or not) in respect of the same employee for that year. Interest, dividend or other accretions from investments and deposits of the Fund hereby established; and Any Securities or other investments of the Trust money. 20. Subject to the previous approval by the Commissioner of Income-tax, the trustees shall, with the approval of the Board of directors, be competent to vary, alter, omit, modify or add to the rules of the Pension Fund. 21. The accounts of the Pension Fund shall be made for each year and shall be duly audited by the auditors appointed by the Trustees with the approval of the Board of directors of the company. There shall be an annual meeting of the trustees after the close of the year and at such annual meeting of the trustees the audited accounts of the previous year of the Fund shall be presented and passed. 22. All matters of procedures and other ancillary matters not herein specifically provided for and requiring the framing of rules including for the election of trustees and for conduct of their meetings shall be regulated by such rules as the trustees may, in consultation with the Board of directors of the company, from time to time, make in that behalf. 23. The Trustees shall respectively be indemnified for and against all liabilities incurred by them in bona fide execution of the Trust hereof. IN WITNESS WHEREOF the parties hereto have duly executed this Trust on the date, month and year first above written. The Common Seal of the above named Company was, pursuant to the resolution of the Board of Directors of the Company passed in this behalf on…………………, affixed hereunto in the presence of the authorised director of the company, who has hereunto set his hands in the presence of: WITNESS: for COMPANY 1. 2. (DIRECTOR) 3. 4. SIGNATURE OF TRUSTEES 1. 2.
- TRUST DEED FOR ESTABLISHING A SCHOLARSHIP
TRUST DEED FOR ESTABLISHING A SCHOLARSHIP THIS TRUST DEED is made between Sh.__________________________.__________ s/o Sh. _________________________________________ r/o ____________________________________________ hereinafter referred to as "the founder" of the one part AND Sh. ____________________________________________, Sh._____________________________________________, and Sh.__________________________________________ (hereinafter referred to as "the trustees," which expression shall include the trustee or trustees for the time being) of the other part. WHEREAS the founder wanted to create a trust for giving scholarships to bright students studying in the University/college/school _______________________________________ for promoting and encouraging education and for that purpose proposes in settling a sum of Rs._____________ on trust to the trustees. NOW THIS DEED WITNESSETH AS FOLLOWS: 1. The Trustees shall spend the said sum Rs.________________________ (hereinafter referred to as "Trust fund") in their names in such securities /bonds as they may think fit and to apply the income there from, after paying all costs and expenses of or incidental to the management of the trust fund, giving scholarships to bright students studying in the said University/college/school for the promoting and encouraging education. 2. The scholarship be paid from income of trust fund monthly valuing at Rs. _______________ to be given to the students studying in the said University/college/school and have qualified such examination as laid per regulations of the said University/college/school or as determined by the trustees from time being. 3. If income of the trust fund per year exceeds to what is needed for above said scholarship it can be applied for the grant of any such other scholarship and in such way as the University/college/school may instruct as determined by the trustees, from time being. 4. Decision of the majority of the trustees shall adjudge matter concerning trust .5. If vacancy is caused amongst the trustees owing to death or resignation or incapability of any trustee or otherwise the founder shall select other trustee to fill up the vacancy and in case the founder is dead, the remaining trustees shall make the appointment. 6. The trust shall be a public charitable trust and the trust fund shall in no case revert to the founder of the trust or any of his descendents or to any other person. 7. The trust fund shall not be used for any other object excepting those for which trust has been made. IN WITNESS WHERE OF, the parties hereunto have signed this deed this Date Place. Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- MAKING OF A TRUST BY A DEBTOR FOR THE ADVANTAGES OF HIS CREDITORS
MAKING OF A TRUST BY A DEBTOR FOR THE ADVANTAGES OF HIS CREDITORS THIS TRUST DEED is made on this ________ day of ____________ between Sh.________________________________________ s/o Sh.______________________________ _____________ r/o ______________________________________________ hereinafter (referred to as "the debtor") of the first part; AND Sh. ____________________________________________, Sh. ____________________________________________, and Sh._________________________________________ (here in after referred to as "the trustees," which expression shall include the trustee or trustees for the said time) of the second part. AND The individuals, firms, and companies detailed in the Schedule I enclosed hereto (hereinafter called "the Creditors") of the third part. WHEREAS 1. The Debtor is doing the business of _______________________ and has taken on credit several kinds of raw materials etc. from different parties ("the Creditors") as referred to in the Schedule I. 2. The Debtor has not been able to pay to the Creditors fully their debts and can not pay them due to financial distress 3. The Debtor has proposed to the Creditors, which as accepted by him as Creditors shall assign his property for their advantage on terms/conditions hereinafter appearing. NOW THIS DEED WITNESSETH AS UNDER: 1. The Debtor hereby assigns, transfers and conveys the said property to the trustees upon trust for benefit of his creditors. 2. The Trustees shall be empowered in selling the said property on and getting money thereto and after spending money, as considered necessary, by them shall give the same proportionately amongst the creditors per such rules as are applicable to the administration of estates in insolvency proceedings and shall stand possessed of the balance thereof (if any) upon trust for the Debtor. 3. The Trustees are free to defer the sale of all or any of the property as deemed fit by them lease, mortgage or otherwise deal with the said property and raise money thereon so as to discharge the liabilities of the Debtor and for expenses incidental to the management of the property. 4. The Trustees shall be empowered to do and manage business of Debtor and to employ the Debtor or any other person per management and may pay to him such salary as they consider fit. 5. The Trustees shall be empowered, in collecting debts owing to the Debtor, to file and suit or other proceedings in court or may refer any controversies with any person in concerning to any such debt to arbitration or may compromise or arrange concerning to any such debt. 6. The Creditors do hereby and each of them does hereby release and discharge the Debtor from all said debts and from all actions, claims, demands or any other proceeding, whatever, by Creditors or each of them, against the Debtor in relation thereof. 7. The Trustees shall, in administering the trust hereby made act per their unanimous judgment and in case of disagreements of opinion, according to opinion of the majority of them. IN WITNESS WHERE OF, the parties hereunto have signed this deed this _________ day of __________. (Schedule hereinabove referred to) Witness: Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)