• Trust vs Society

My guru whp resides in a temple which has gained some popularity wishes to start a charitable NGO which will take care of the temple and also do charitable and religious services.

Q.In general is it preferable to go for a trust or a society ? He(my guru) would like the control to be vested in him while he is alive along with maybe few other people . 

Q. Is a society nececcarily democratic or can control in a society be vested in one person ?

Q. Can a society accept donations/ charge fees for certain activities?

Q.IN a trust can a founding member also be a trustee?

Q. Any benefits to having a society ?
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

1. Trust will be ideal. 

2. It can but trust will have more tax exemption them society

3. Yes. 

4. Less benefits than trust

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

1.  Society is a ghetto of few people and control CANNOT be vested with a single person and depending on the type of registration of a Society, donations /benefits /taxation /elections /office bearers .... all this things can be taken care of.

2. A Charitable Trust can be registered wherein the founder can be a permanent trustee and can solely control the affairs, alongwith receiving donations /benefits /religious & social & charitable activities

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Better form a society 

 

2) Unlike trusts, a society has a moredemocratic set up with membership and an elected body to manage the society. ... It is easier to wind up a society than it is to wind up a trust 

 

3) founding member can be trustee 

 

4) The trust deed enshrines the aims and objects and mode of management of the trust. The management rests with the board of trustees who can remain so for life, and need not stand for election. Changes in the composition of the board are usually by invitation and not election. This ensures that the trust is managed by those approved by the original donor/s or trustee/s who cannot be removed by election as in the case of a society. 

5) The original members of a society can continue to remain in control as long as they are elected to the managing committee, but at the same time can opt out of the society if they wish, which trustees cannot.

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

If you're going to charitable NGO than go for trust as per the Trust act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Creat revocable trust. Society needs minimum seven persons . Trust needs mimimum two persons. Only trust deed is to be executed with all terms and conditions of trust. It can be revoked at any time and with revocation , ownership of properties vested in trustees shall go back to the founder of the trust.  

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1.  It is advisable to form a trust, i.e., a religious charitable trust.

2. You may see the rules for forming the society and other details about it.

As per the Act, a society can be formed by “Any Seven or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as described in Section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with registrar of joint stock companies.

3. In India, an institution of non commercial nature for promotion of charitable activities like education, art, religion, culture etc. has to register itself. The rules and regulations of the society are framed to guide the members of the governing body or the persons entrusted with management of the society to regulate the functions of the society and for its internal management.

These rules and regulations help in achieving the objects of the society and are binding on its members.

Therefore accepting donations is a different activity to that of the charges for certain activities.

 

4. The founder of the trust can also be appointed as a trustee of the trust as well as any beneficiaries of the trust as per the Indian Trust Act,1882.

5. Section 20 of the act specifies the following purpose for which the society may be registered:

Grant of charitable assistance

Creation of military orphan funds

Promotion of science, literature, fine arts, instructions or diffusion of useful knowledge, diffusion of political education, foundation or maintenance of libraries, public museum and galleries of paintings, works of art, collection of natural history, mechanical and philosophical inventions, instruments , designs

There are many more benefits in a society.

 

 

 

 

 

 

 

 

 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Please do understand the difference between trust and society

Trust is a legal arrangement in which a person holds property for the sake of some other person. Society is an association of person, who come together to fulfill any particular purpose, described under the act. Trust and society are two such organizations.

A trust as defined under Section 3 of the Indian Trusts Act, 1882 is basically an arrangement where under obligations are attached/annexed to the ownership of property (trust property) which arises out of a confidence vested in and accepted by the owner but for the benefit of another (beneficiary).

Societies are governed under the Society Registration Act, 1860. A society can be defined as “an association or company of persons united by mutual consent, to deliberate, determine, and act jointly for a common purpose”

Trust is a legal entity, created by one party, in which the second party has the right to hold the assets of the first party for the benefit of the third party. Society is a collection of persons, who come together for the initiating any literary, scientific or charitable purpose.

 

Trusts are registered under Indian Trusts Act, 1882 while Societies are incorporated under the Indian Societies Act, 1860.There can be minimum two members in a Trust, whereas there should be minimum seven members in society. There is a single man control in trust. However, there exists a democratic control in the society where decisions are taken by voting.The board of management of trust contains trustees, but in the case of society, there is a governing body which comprises of committee, trustees, council, directors, governors, etc.

 

So Trust is good for your Guru.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

Trust for the benefit and care taking of deity and charity purpose.

Q.IN a trust can a founding member also be a trustee? - Yes, than there must be more trustee. He can be chairmen and appoint some closer as trustee. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Trust is a legal arrangement in which a person holds property for the sake of some other person. Society is an association of person, who come together to fulfill any particular purpose, described under the act.

The trustee may be a beneficiary, family member, relative or there can even be a professional trustee appointed for the management of the trust. The author can also be one of the trustees or the managing trustee of the trust.

Accepting cash donations as such is not prohibited.

The founder of the trust can also be appointed as a trustee of the trust as well as any beneficiaries of the trust as per the Indian Trust Act,1882

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In general you should go for trust if you real Wnt to help people. 

Yes society will be democrat and there must be election for management committee. 

Yes society can accept donations.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You need to have a trust object. 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

There is no minimum corpus required to set up a trust 

 

 

2) public charitable trust is generally floated with some property (movable or immovable) which legally vests in the trustees. A trust may be settled with a token property of, say, ₹ 100/-.

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

1. No type of Assets is required to constitute a Trust.

2. IF anybody (including Founder /Trustees) wishes, THEY can "DONATE" their properties to the Trust, specifying it for Corpus or Working or specific purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Yes ofcourse . Property should be transferred to trustees. No minimum limit. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

There is no minimum amount required by law. a trust registered with as little as INR 1100 as it's corpus money. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Trust can be start by contributing few thousand.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

No immovable property is necessary for starting / register a trust. But for registration the value of the trust may be declared (may be 5000 or above amount as cash for asset of the trust) 

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

Public Trust means an express or constructive trust for either a public, religious or charitable purpose or both, and includes a temple, a math, a wakf, church, synagogue, agiary or other place of public religious worship, a dharma day or any other religious or charitable endowment and a society formed

The The Indian Trusts Act, 1882 defines a Trust as an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner.

  • The person who reposes or declares the confidence is called the “Author of the Trust”.
  • (An author is the person who creates the trust out of his own proeprty)
  • The person who accepts the confidence is called the “Trustee”.
  • The person for whose benefit the confidence is accepted is called the “Beneficiary”.
  • The subject-matter of the trust is called “Trust Property” or “Trust Money”.
  • The instrument if any, by which the Trust is declared is called the instrument of Trust or Trust Deed.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

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