What is the validity criteria of a Trust?

Before proceeding to trust registration, you should know whether your trust is a valid trust. The state public trust laws do not state any essential ingredients of a valid trust. However, the Indian Trusts Act, 1882 which governs private trust states that a valid trust must:

  • Have a lawful purpose.
  • Be for a beneficiary.
  • Contain a property as its subject-matter.
  • Such property must be transferable to the beneficiary.
  • Be the creation of a person who is competent to contract.
  • Have a written and signed document for immovable property.
  • Appoint at least two trustees.
  • Have one settler.
  • Be for an object (religious or charitable).
  • Have two witnesses.