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Master Deed Of Trust

Master Deed Of Trust Template for India

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Key Requirements PROMPT example:

Master Deed Of Trust

"I need a Master Deed of Trust under Indian law for a family investment trust that will hold both real estate and securities, with provisions for three trustees and flexible distribution powers for future generations, to be effective from March 2025."

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Document background
The Master Deed of Trust is essential for establishing formal trust arrangements under Indian law, commonly used for wealth management, charitable purposes, and asset protection. This document type is fundamental when creating a trust structure that requires robust governance and clear administrative guidelines. The Master Deed of Trust must comply with the Indian Trusts Act, 1882, Registration Act, 1908, and various state-specific trust laws, making it crucial to include comprehensive provisions for trust administration, asset management, and succession planning. It's particularly relevant for high-net-worth individuals, charitable organizations, and institutions seeking to establish long-term trust arrangements with multiple assets or beneficiaries. The document serves as the primary reference point for trustees' powers, beneficiaries' rights, and trust administration procedures.
Suggested Sections

1. Parties: Identifies the Settlor(s), initial Trustees, and initial Beneficiaries with their full legal names and addresses

2. Background: Sets out the context and purpose for creating the trust, including the settlor's intention

3. Definitions: Defines key terms used throughout the deed for clarity and consistency

4. Declaration of Trust: Formal declaration creating the trust and transferring property to trustees

5. Trust Objects and Purpose: Clearly states the objectives and purposes of the trust

6. Trust Property: Describes the initial trust property and provisions for additional property

7. Powers and Duties of Trustees: Comprehensive listing of trustees' powers and obligations in managing the trust

8. Appointment and Removal of Trustees: Procedures for appointing new trustees and removing existing ones

9. Rights and Interests of Beneficiaries: Details the entitlements and rights of beneficiaries

10. Trust Administration: Procedures for managing the trust, including meetings and decision-making

11. Financial Provisions: Rules for handling trust finances, investments, and distributions

12. Duration and Termination: Specifies trust duration and circumstances for termination

13. Governing Law and Jurisdiction: Specifies Indian law as governing law and relevant jurisdiction

14. Execution and Attestation: Format for proper execution and witnessing of the deed

Optional Sections

1. Charitable Purposes: Required if the trust has charitable objectives, defining specific charitable activities and compliance requirements

2. Foreign Contribution Provisions: Needed if the trust may receive foreign contributions, addressing FCRA compliance

3. Arbitration Clause: Optional dispute resolution mechanism for internal trust disputes

4. Advisory Board: Creates an advisory board structure for larger or more complex trusts

5. Segregated Sub-Trusts: Provisions for creating sub-trusts if complex asset segregation is needed

6. Amendment Powers: Specific powers to modify trust terms, if desired by settlor

7. Perpetuity Savings Clause: Required for longer-term trusts to ensure compliance with perpetuity rules

Suggested Schedules

1. Schedule A - Trust Property: Detailed inventory of initial trust property including full legal descriptions

2. Schedule B - Initial Trustees: List of initial trustees with their full details and acceptance

3. Schedule C - Beneficiaries: Complete list of initial beneficiaries and their respective interests

4. Schedule D - Investment Powers: Specific investment guidelines and restrictions for trustees

5. Schedule E - Trustee Remuneration: Details of any fees or compensation for trustees

6. Schedule F - Administrative Procedures: Detailed procedures for trust administration and management

7. Appendix 1 - Forms: Standard forms for trustee appointments, resignations, and other administrative matters

8. Appendix 2 - Meeting Procedures: Detailed procedures for conducting trustee meetings and maintaining records

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Trust
Trust Property
Trust Fund
Settlor
Trustees
Beneficiaries
Trust Period
Vesting Date
Accumulation Period
Distribution Date
Trust Deed
Trust Objects
Trust Income
Trust Capital
Financial Year
Accounting Period
Investment
Authorized Investments
Proper Law
Governing Law
Business Day
Trust Administrator
Advisory Board
Initial Property
Additional Property
Trust Powers
Successor Trustee
Trust Committee
Trust Register
Trust Office
Trust Records
Trust Accounts
Distribution
Appointer
Trust Expenses
Trust Liabilities
Trust Documents
Execution Date
Effective Date
Amendment
Force Majeure
Applicable Laws
Perpetuity Period
Minor Beneficiary
Guardian
Corporate Trustee
Individual Trustee
Trust Resolution
Trust Meeting
Trust Certificate
Clauses
Trust Declaration
Asset Transfer
Trustee Appointment
Trustee Powers
Trustee Duties
Trustee Remuneration
Beneficiary Rights
Distribution Powers
Investment Powers
Administrative Powers
Property Management
Trust Duration
Succession Planning
Amendment Powers
Termination Rights
Accounting Requirements
Reporting Obligations
Confidentiality
Dispute Resolution
Governing Law
Force Majeure
Severability
Indemnification
Tax Compliance
Registration Requirements
Decision Making
Meeting Procedures
Record Keeping
Asset Custody
Delegation Powers
Removal Powers
Resignation Procedures
Perpetuity Compliance
Foreign Asset Management
Sub-Trust Creation
Advisory Board
Investment Restrictions
Distribution Restrictions
Charitable Purposes
Foreign Contribution
Relevant Industries

Financial Services

Real Estate

Healthcare

Education

Religious Institutions

Charitable Organizations

Family Offices

Wealth Management

Non-Profit

Social Services

Corporate Services

Private Banking

Relevant Teams

Legal

Compliance

Wealth Management

Estate Planning

Trust Administration

Private Banking

Tax Advisory

Investment Management

Property Management

Philanthropic Services

Risk Management

Corporate Services

Relevant Roles

Trust Administrator

Legal Counsel

Wealth Manager

Estate Planner

Financial Advisor

Tax Consultant

Compliance Officer

Trust Officer

Private Banking Manager

Philanthropic Advisor

Property Manager

Corporate Trustee

Family Office Manager

Non-Profit Director

Investment Manager

Industries
Indian Trusts Act, 1882: The foundational law governing the creation, management, and administration of trusts in India. It defines trust relationships, duties of trustees, beneficiary rights, and trust property management.
Registration Act, 1908: Governs the registration of trust deeds when they involve immovable property or when the trust property value exceeds Rs. 100.
Transfer of Property Act, 1882: Relevant for provisions relating to the transfer of property to the trust and the legal requirements for such transfers.
Income Tax Act, 1961: Contains provisions for taxation of trust income, tax exemptions for charitable trusts, and compliance requirements for trust taxation.
Indian Stamp Act, 1899: Determines the stamp duty payable on trust deeds and related documents.
Charitable and Religious Trusts Act, 1920: Applicable if the trust has charitable or religious purposes, providing additional regulatory requirements and obligations.
Public Trusts Act (State-specific): Various states have their own public trust acts that may apply depending on the location and nature of the trust (e.g., Maharashtra Public Trusts Act, 1950).
FEMA (Foreign Exchange Management Act), 1999: Relevant if the trust involves foreign beneficiaries or foreign contributions.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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