CORAA

Charitable Trust Deed Format 2026 (Word) — Public Trust Deed with 12A / 80G Clauses

A public charitable trust deed with the clauses income-tax registration is tested against — public objects, irrevocability, no benefit to settlor or trustees, permitted investments, audit, a restricted amendment clause and a compliant dissolution clause.

Free · CORAA original — SA-aligned
Updated 1 Oct 2026
Type
Public charitable trust deed — irrevocable
Governing law
State public trusts law (Indian Trusts Act, 1882 does not apply)
Tax registration from 1 April 2026
Sec 332 and Sec 354, Income-tax Act, 2025 (old 12AB and 80G)
Stamp duty
Varies by State — see the State Stamp Act
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Engagement details
The client and period this document is for.
What’s inside

An excerpt from the template.

DEED OF TRUST

THIS DEED OF TRUST is made at ___ on ___ BY ___, residing at ___, holding PAN ___ (hereinafter referred to as the "Settlor") of the ONE PART; AND the persons named in Clause 7 as the first trustees (hereinafter referred to as the "Trustees", which expression shall include the trustees for the time being of this Trust) of the OTHER PART.

WHEREAS the Settlor is desirous of creating a public charitable trust for the objects set out below, for the benefit of the public at large, and has for that purpose delivered to the Trustees a sum of ₹___ to be held by them upon the trusts declared in this Deed;

AND WHEREAS the Trustees have, at the request of the Settlor, agreed to act as trustees of the Trust, as testified by their being parties to and signing this Deed;

↑ Excerpt only — the full template is what you download as Word
About this template

What you’re downloading, and when to use it.

This template follows the format published by the Institute of Chartered Accountants of India (ICAI) in the AASB Audit Working Paper Templates (June 2023), the authoritative reference for Indian statutory-audit documentation. Fill in your firm’s letterhead and the engagement details on the form above, click Download Word file, and you’ll get a fully formatted .docx ready to use.

Everything is generated in your browser and on a stateless API endpoint — no account, nothing stored on our servers. We’ll ask for a work email once before your first download so we can send you the file and the occasional relevant update; after that, downloads on this device are instant. Edit freely in Word, Google Docs or Pages before sending to your client.

Common questions

FAQs.

Which clauses must a trust deed have for 12A and 80G registration?
Seven: charitable objects open to the public, irrevocability, application of income only to the objects, no benefit to the founders, permitted investments, accounts and audit, and restricted amendment and dissolution clauses. The law does not prescribe a model deed, but applications are examined against the deed and these points come up repeatedly. The objects must be charitable — relief of the poor, education, medical relief, environment, or another object of general public utility — and open to the public rather than to a family or a closed group. The trust must be irrevocable. Income and assets must be applied only to the objects, in India, with no benefit to the settlor, trustees or their relatives. Funds must be invested only in the permitted modes. There should be provision for accounts and audit, an amendment clause that cannot be used to dilute these conditions, and a dissolution clause sending the remaining assets to another registered charitable institution with similar objects. Missing or loosely worded amendment and dissolution clauses are common reasons for queries and rejections.
Does the Indian Trusts Act, 1882 apply to a charitable trust?
No. Section 1 of the Indian Trusts Act, 1882 states that nothing in it applies to public or private religious or charitable endowments; that Act governs private trusts. Public charitable trusts are governed by State law. Some States have a public trusts Act with a Charity Commissioner and compulsory registration — Maharashtra and Gujarat are the best-known examples — while in States without such a law the trust deed is registered with the Sub-Registrar under the Registration Act, 1908 and the trust is otherwise governed by general principles. Check the position in the State where the trust will have its office before finalising the deed.
How does a new trust get 12A and 80G registration in 2026?
It applies online in Form No. 104, because from 1 April 2026 the registration regime sits in the Income-tax Act, 2025 rather than Sections 12A and 80G. A newly created trust applies for provisional registration under Section 332 in Form No. 104 on the e-filing portal, and can apply in the same form for provisional approval under Section 354 so that its donors can claim a deduction under Section 133. Once activities have commenced, the trust applies in Form No. 105 for regular registration and approval. These replace Forms 10A and 10AB and Sections 12A/12AB and 80G(5) of the 1961 Act, which continue to matter for earlier years and for registrations granted under them.
Can the settlor also be a trustee?
Yes. Nothing prevents the author of the trust from being one of the trustees, or the managing trustee, and in most family-founded charities that is how it is done. What the deed and the conduct of the trust must ensure is that the settlor, the trustees, their relatives and concerns in which they are substantially interested receive no benefit from the trust's income or property — Section 13(1)(c) read with Section 13(3) of the 1961 Act, carried into the 2025 Act. Reasonable salary to a trustee for services actually rendered is a separate question that is examined closely; this format keeps trustees honorary, which is the safer starting point.
Can a charitable trust have religious objects as well?
It can, but the tax consequences change. A charitable trust created for the benefit of a particular religious community or caste loses exemption under Section 13(1)(b) of the 1961 Act, and approval for donor deduction under Section 80G is not available to an institution whose objects are expressed to be for the benefit of a particular religious community or caste; only a small part of income may be spent on religious purposes without losing that approval. If donor deductions matter, keep the objects charitable and the beneficiaries unrestricted, as this format does, and set up religious activities separately.
What happens to the trust's assets if it is wound up?
They must go to another charity, not back to the founders. The deed should say so, and the tax law enforces it: where a registered trust is dissolved and does not transfer its assets to another registered institution within the time allowed, or converts into a non-charitable form, tax is charged on its accreted income — broadly the fair market value of its assets less its liabilities — at the maximum marginal rate, under Section 115TD of the 1961 Act and Section 352 of the 2025 Act. In States with a public trusts Act, permission of the Charity Commissioner or the court may also be needed.
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