Family Trust Registration

Well, as per the Registration Act of 1908, a deed is only mandatory if your trust includes assets like immovable properties. In case you have movable assets, then you don’t need a registration.
However, we highly recommend that you register your movable assets as well because it will provide you with legal recognition, assist you in getting tax benefits, and provide seamless bank account opening.

As of 2026, there is no legal mandate for a minimum corpus. You can create a family trust with as little as INR 1,000 as the initial corpus amount and later add further assets through a deed of further assurance. Also, your stamp duty will be levied as per the declared corpus, as per your state laws.

No, only an individual of over 18 years of age with a sound mind and competent to enter into agreements and contracts can become a trustee in India. However, a minor can be a beneficiary through a natural or court-appointed guardian who can represent them in trust or legal matters until they attain majority.

A family trust becomes operative during the settlor’s lifetime, whereas a will comes into operation after the testator’s death.

Yes, as a non-resident Indian, you can create and manage a family trust only if you satisfy FEMA compliance and follow RBI guidelines for income repatriation. Let Enterslice handle your paperwork and registration via digital execution options.

Stamp duty varies from state to state, so, for example, in Maharashtra, it is between INR 500 for movable property and up to INR 25,000 for immovable property.

• Delhi: 5% of the immovable property value.
• Karnataka: 0.5% to 1%
• Tamil Nadu: around INR 180 for a trust deed without a property.

We check the fees as per your property type and state before execution to avoid any disputes.

A settlor can become a trustee and/or beneficiary, but cannot be the sole beneficiary of a trust because that would affect the legal structure and beneficial ownership provisions. From a practical view, at least two trustees are generally preferred.

Rules are different for different types of trusts. For example, beneficiaries are taxed based on their individual income tax slabs, whereas MMR is approximately 31%, and can increase up to 37-39% if a surcharge is added for beneficiaries of a discretionary trust.

Yes, agricultural land can be transferred subject to state land laws and restrictions on agricultural land transfers. Let Enterslice verify if your state permits the transfer under the Land Reform Act and prepare a deed to legalize it for further compliance.

A family trust can have at least two individual trustees or at least one corporate trustee. As per the laws, there’s no legal mandate for the maximum number of trustees. Generally, at least 2 to 3 trustees are needed for a trust.

Yes, a family trust can hold shares in a private limited company, but since it's an arrangement, not a separate entity, the shares are registered in the names of the trustees.

The trust continues to exist even after the settlor’s death and is managed by the trustees as per the provisions of the trust deed- the assets flow to beneficiaries as per the deed without any probate, unlike a will.

A revocable trust can be modified, cancelled, or changed during the lifetime of the settlor, whereas the same can’t happen for a irrevocable trust except when all beneficiaries consent to it with court approval (if needed). This is exactly where you need critical drafting and in-depth knowledge to draft a trust deed and structure selection.

Registering a private family trust can be exhausting, given the paperwork and endless follow-up discussions with lawyers and registrars, which is where our expertise will help you. All you have to do is book an appointment with us and provide an insight into your family and asset planning ideas.
Based on our consultation, we will recommend a perfect structure for you and request document submission to prepare your trust deed and supporting paperwork. We will help with local verification at the registrar’s office in your state of registration, apply for PAN, asset transfer agreement drafting, and open a bank account along with year-long compliance support.