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Private Trust · Trust Deed · Indian Trusts Act 1882 · Estate Planning

Private Trust protecting your family's assets with a legally sound private trust.

End-to-end private trust services in Mumbai and across India — private trust deed drafting, stamp duty, Sub-Registrar registration, discretionary and specific trust structuring, family trust setup, NRI estate planning trusts, and revocable and irrevocable private trust advisory by ICAI-registered Chartered Accountants.

A private trust is a trust created for the benefit of specific, identified beneficiaries — typically family members. Governed by the Indian Trusts Act, 1882, a private trust involves the transfer of assets (property, investments, or business interests) by the settlor to one or more trustees, who hold and manage the assets for the designated beneficiaries according to the terms of the trust deed. Private trusts are widely used in India for estate planning, asset protection from creditors, management of ancestral property, and succession planning for family businesses.

Private trusts in India are classified as specific trusts (where the beneficiaries' shares are fixed) or discretionary trusts (where the trustee has discretion over the distribution of income and corpus among beneficiaries). A discretionary trust is more tax-efficient and flexible but requires careful drafting of the discretionary powers of the trustee. Private trusts can also be structured as revocable (where the settlor can take back the assets) or irrevocable (where the transfer is permanent and assets are fully protected from the settlor's creditors).

Our private trust practice covers eligibility and structure advisory for the specific estate planning objective, drafting of a customised trust deed with settlor, trustee, beneficiary, and succession provisions, stamp duty computation and payment, Sub-Registrar registration, and post-registration advisory on trustee powers, beneficiary distributions, income tax compliance for the trust, and conversion to an irrevocable trust structure where a more permanent arrangement is required.

Our Private Trust Services

01

Trust Structure Advisory

Specific vs discretionary, revocable vs irrevocable — choosing the right private trust structure for the estate goal.

02

Trust Deed Drafting

Customised private trust deed with settlor, trustee powers, beneficiary schedule, and succession of trustees.

03

Stamp Duty Payment

Stamp duty on the trust deed based on the value of assets settled into the trust.

04

Sub-Registrar Registration

Registration of the private trust deed with the Sub-Registrar of Assurances.

05

Discretionary Trust Setup

Drafting of discretionary trust with trustee discretion clauses, income allocation, and corpus distribution provisions.

06

Family Trust Structure

Multi-generational family trust with clear beneficiary categories, trustee rotation, and protector provisions.

07

NRI Estate Planning Trust

Private trust structure for NRIs managing Indian assets — property, investments, and business interests.

08

Income Tax Advisory

Income tax compliance for the private trust — trust as a separate tax entity or pass-through to beneficiaries.

Our Private Trust Setup Workflow

1

Estate Planning Assessment

Understand assets to be settled, beneficiaries, control requirements, and succession objectives.

2

Structure Selection

Advise on specific vs discretionary, revocable vs irrevocable trust based on the objectives.

3

Deed Drafting

Draft the trust deed with all customised provisions for the specific estate planning goal.

4

Stamp & Registration

Pay stamp duty and register the trust deed with the Sub-Registrar.

5

Post-Registration Advisory

Advise on trustee powers, income distributions, tax compliance, and trust amendment procedures.

Benefits of a Private Trust

Protects assets from the settlor's future creditors (irrevocable trust)
Clear succession of assets without probate or court intervention
Beneficiaries' shares determined by the deed — no family dispute
Discretionary trust allows flexible income distribution based on need
Separate legal identity from the settlor for asset protection
Useful for managing minor beneficiaries' assets until majority
NRI-friendly structure for managing Indian assets from abroad
Tax-efficient distribution through discretionary trustee powers

Frequently Asked Questions

A private trust is created under the Indian Trusts Act, 1882, for the benefit of specific identified persons — usually family members. The settlor transfers assets to a trustee who manages them for the beneficiaries as per the trust deed terms.

In a specific trust, the beneficiaries' shares are fixed in the deed. In a discretionary trust, the trustee has discretion to decide how income and corpus are distributed among the named beneficiaries — making it more flexible and often more tax-efficient.

A revocable trust can be cancelled by the settlor, who can take back the assets. An irrevocable trust transfers assets permanently to the trustee — the settlor loses control, but the assets are protected from the settlor's creditors and are more secure for succession purposes.

A specific private trust with identified beneficiaries is taxed at the maximum marginal rate applicable to its beneficiaries. A discretionary trust is taxed at the maximum marginal rate of 30%. Income distributed by the trust to individual beneficiaries is generally exempt in their hands.

Yes. A private trust can hold immovable property. The trust deed must be compulsorily registered with the Sub-Registrar under the Registration Act, 1908, for it to be legally valid and enforceable in respect of the immovable property.

Set Up Your Private Trust

From structure advisory to deed drafting and Sub-Registrar registration, our team builds a legally sound private trust for your specific estate planning goals.

Set Up My Private Trust or call +91 9819 000 511