6% stamp duty.
An Individual has Immovable property. He would like to create a trust for the benefit of his two children and hence, move the immovable property from his ownership into Trust. 1. Is there a Stamp Duty Implication on this transaction at normal rates or at reduced rates? 2. What is the effective way to transfer the property and incur a minimum stamp duty in such a transaction Regards Prashanth K L
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Same duty as conveyance if the immovable property is conveyed by the individual from his name into that of trust
better option is to execute a gift deed in favour of 2 children
Same duty as applicable on the conveyance deed in favour of individual. the rate of conveyance as per state.shall be applicable.
Only a will.is the way to for effective transfer and no stamp duty for all other mechanisms there will be stamp duty payable
Dear Sir,
Q 5 What is the fee for registration of trust deed?
As per Article III of table of fees under Karnataka Registration Rules 1965, fee shall
be paid at 1 percent on the total of value shown by the trustee or value of movable or
immovable property shown in the trust deed.
For more details please visit the following link:
https://www.karnataka.gov.in/karigr/Documents/Registration%20of%20Trust.pdf
As per Article III of table of fees under Karnataka Registration Rules 1965, fee shall be paid at 1 percent on the total of value shown by the trustee or value of movable or immovable property shown in the trust deed.
Generally, there is no statutory requirement to create trust by any instrument. ... This registration will be mandatory even if the instrument declaring trust is exempted from registration under Registration Act, but a Private trust declared by a will does not require registration.
Dear Sir,
The following information may kindly be read;
To achieve the above purpose, you would need to create a private trust for the benefit of your daughter. A private trust can be created by you either during your lifetime through a non-testamentary instrument or a though a testamentary instrument, namely your Will, which would take effect after your demise .
As per the Indian Trusts Act, 1882, for the creation of a valid private trust, the person creating the trust (known as the author or settlor) should state in the instrument creating the trust: (i) his/her intention to create the trust, (ii) the purpose or object of creating the trust (which has to be for any lawful purpose) and (iii) the identified beneficiary or beneficiaries of the trust. Further, the author must also transfer the initial trust property to the trustees of the trust at the time of creation of the trust, unless the trust is being declared under a Will—in which event the property will get transmitted to the trustees (as trustees of the trust) at the time of your death and the trust will come into effect at that time.
In case the trust is being created under your Will, your Will should be duly executed as per the provisions of the Indian Succession Act, 1925.
At the time of creating the trust, the author is required to appoint a trustee, or trustees, for the purpose of administrating the trust and such trustees must accept the trust and the responsibilities.
Please note that as per section 56 of the Indian Trusts Act, 1882, if the trust is created for the sole benefit of your daughter (where she is the sole beneficiary under the trust) when she becomes a major (and if she is otherwise competent to contract), she would be entitled at any time thereafter, to require the trustee to transfer the trust property to her or to such person as she may direct, in which event, the trust will come to an end.