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Bar Council of Maharashtra & Goa · Roll No. MAH/5287/2023 tamashaikh123@gmail.com
Adv. Tamanna ShaikhAdvocate · Malad West, Mumbai
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Schedule III-A: Reporting a Change in Trust Immovable Property

Illustration of a model building and property document with a trustee filling a form

Last updated 20 October 20262 min readBy Adv. Tamanna Shaikh, Advocate, MAH/5287/2023

On this page
  1. What the memorandum contains
  2. Supporting instrument
  3. Sub-Registrar

When a change concerns immovable property of a public trust, Section 22(1A) and Rule 13(1A) require a memorandum in Schedule III-A in addition to the Schedule III change report.

Key facts

What it is
A memorandum filed with the Schedule III change report when a change concerns trust land or buildings (Section 22(1A), Rule 13(1A))
Details needed
Nature of the change (purchase, gift, sale), survey, CTS and plot numbers, boundaries and area
Attach
A copy of the registered deed of transfer (Rule 13(2B))
After acceptance
A copy is sent to the Sub-Registrar (Section 22(4))
Sale, gift or long lease
Still needs prior sanction under Section 36

What the memorandum contains

  • Name and description of the trust
  • The nature of the change, such as purchase, gift, sale or acquisition
  • Survey number, CTS number, plot number, boundaries and area

Supporting instrument

Rule 13(2B) requires a copy of the registered conveyance, gift deed or other instrument by which the property was transferred to or from the trust.

Sub-Registrar

After the Deputy or Assistant Charity Commissioner accepts the change, Section 22(4) requires a copy of the memorandum to be sent to the Sub-Registrar, so the trust’s interest appears in the property records. Sale, exchange, gift, or a lease beyond the periods in Section 36, still needs the previous sanction of the Charity Commissioner.

Frequently asked questions: Schedule III-A

When is Schedule III-A filed?

When the change concerns immovable property, along with the Schedule III change report.

Where are the property details taken from?

From the registered deed, the property card or 7/12 extract and the survey and CTS records.

Why is the Sub-Registrar involved?

After the change is accepted, a copy of the memorandum goes to the Sub-Registrar under Section 22(4), so that property records show the trust’s interest and later deeds can be checked against Section 36.

Is a deed always needed?

Rule 13(2B) requires a copy of the registered conveyance, gift deed or other instrument that transferred the property.

Related

See the page on change reports before the Charity Commissioner for the full procedure.

If you need assistance with this matter, you may contact this office through the Contact page.

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