- How to register a public trust in Maharashtra, step by step
- What registration costs: fees, stamp duty and notice
- Private trust or public trust: which one do you need?
- Trust, society or Section 8 company?
- Temples, churches, community and religious trusts
- Which office registers trusts from Malad, Borivali and Andheri
- Thane trusts: the Tembhi Naka office and registering there
- Raigad trusts (Panvel, Kharghar, Alibag): the Alibag office
- Palghar trusts (Vasai, Virar, Dahanu): the Palghar office
A public trust is registered under Section 18 of the Maharashtra Public Trusts Act, 1950 with the Deputy or Assistant Charity Commissioner having jurisdiction, on an application accompanied by the instrument of trust, particulars of the trustees, and a description of the trust property. An enquiry follows under Section 19 into whether a public trust exists, and the entries are then made in the Public Trust Register.
Trust and society — often both
In Maharashtra a charitable body is commonly registered twice over: as a society under the Societies Registration Act, 1860, and separately as a public trust under the Act of 1950. The two registrations are then kept in step with each other — see NGO DARPAN registration for the further registration many trusts and societies also require.
Documents generally required
- The instrument or deed of trust
- Details and identity proof of the trustees
- Description and proof of the trust property
- The objects of the trust
What causes delay
Most delay in practice comes from incomplete papers at the time of filing, rather than from the office itself — it helps to have the instrument of trust and trustee details settled before the application is made.
See also Charity Commissioner proceedings and Charity Commission and Public Trust Matters.
What the deed has to get right
Most registration difficulties are drafting difficulties, and they surface at the Section 19 inquiry when they are expensive to fix. Four clauses repay attention before execution:
- Objects. They must be charitable in law, which means the benefit must reach a section of the public rather than a closed or narrowly defined group. A trust “for the welfare of the descendants of the settlor” is not a public trust however generous its intentions.
- Succession. The deed should say plainly how a vacancy in the office of trustee is filled, by whom, and by what majority. A deed silent on this makes every future change report harder.
- Property. Whatever is dedicated must be identified properly, and the trust’s title to it must hold up.
- Amendment. Whether the deed can be amended at all, and how, should be stated rather than assumed.
Registration is also only the first step. It does not give the trust its income tax position — that requires separate applications, set out on the 12A, 80G and CSR-1 page — and it begins an annual cycle of accounts, audit and filing described in the compliance calendar.
Common questions
How do I register a public trust in Maharashtra?
A trustee applies in Schedule II to the Deputy or Assistant Charity Commissioner of the region in which the trust has its principal office — for Greater Mumbai, the office at Worli — ordinarily within three months of the trust’s creation. The officer then holds an inquiry under Section 19 before the entries are recorded in the Public Trust Register.
What documents are needed to register a trust?
The trust deed executed on stamp paper, identity and address proof of the settlor and of each trustee, proof of the trust’s address, consent letters of the trustees, and the Schedule II application. Where immovable property is dedicated, the documents establishing title to it are also needed.
How long does trust registration take?
It depends on the region, on how complete the papers are, and on whether anything is objected to. It is a matter of months rather than days, because Section 19 requires an inquiry rather than a simple filing. Trusts planning around a funding deadline should allow for that.
What is the Section 19 inquiry?
A statutory inquiry in which the officer determines whether a trust exists and is a public trust, whether the property said to belong to it does, where it is situated, who the trustees are, the mode of succession, the origin, nature and objects of the trust, and its income and expenditure. The findings become the register entries.
Can a trust be registered if the objects benefit only one community?
A purpose that benefits a religious or other community as a section of the public can be charitable. A purpose confined to a closed or defined group — a family, the members of one association — is not. The distinction is one of law and it is decided on the wording of the deed, so it is worth taking advice before executing it.
Should we register a trust or a society?
A trust is run by trustees with succession as the deed provides; a society by a committee its members elect. In Maharashtra a charitable society is registered under both the Societies Registration Act and the Public Trusts Act, so it carries both sets of obligations. Converting later is not straightforward, so the choice deserves time at the start.
This page describes general procedure and does not constitute legal advice. What applies to a particular matter depends on its own facts.
Step-by-step: registering a public trust under Section 18
A public trust created in Maharashtra is required to apply for registration under Section 18 of the Maharashtra Public Trusts Act, 1950 within three months of its creation.
Documents typically required
- Trust deed or memorandum and rules (for a society), duly executed
- Proof of the trust’s title to, or right to use, the property where it is based — required since the 2025 amendment to Section 18(6)
- Details of the settlor(s), trustees and their addresses
- An inventory of movable and immovable trust property
- Schedule of the trust’s income, where available
Process
- Preparation and execution of the trust deed setting out the objects, trustees, and property of the trust.
- Filing Form Schedule II (application for registration) with the Deputy or Assistant Charity Commissioner having territorial jurisdiction, along with the supporting documents and the prescribed fee.
- Publication of a notice and inquiry by the Charity Commissioner’s office, including an opportunity for objections.
- Entry of the trust in the Register of Public Trusts and issue of a registration certificate bearing a PTR (Public Trust Registration) number.
Where a society is also being registered under the Societies Registration Act, 1860 in addition to the Maharashtra Public Trusts Act, the two applications are generally filed together for a charitable society, since dual registration is common practice in Maharashtra.
Assistance with this matter
If you are dealing with a Charity Commissioner proceeding and would like assistance in preparing or filing your matter, you may contact this office through the Contact page to discuss the specifics of your trust or society.
Related guides
- Ganesh and Festival Mandals: Section 41C Donation Permission
- How to Register a Public Trust in Maharashtra
- Public Trust or Registered Society in Maharashtra: Which One?
- What Happens After You Apply to Register a Trust: The Section 19 Inquiry
See also: The Trust & NGO Desk: everything for trusts and NGOs in one place.
See also: Registering a mosque or madrasa: Waqf Board or Charity Commissioner?.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This page describes general procedure and is published for information only, in keeping with Rule 36 of the Bar Council of India Rules. It is not legal advice and does not solicit work. What applies to a particular matter depends on its own facts.