Trusts in India play an important role in managing and distributing wealth for religious, charitable, or private purposes. The Indian Trusts Act, 1882, governs private trusts, while public trusts (especially charitable or religious ones) are governed by separate state laws or central legislations like the Charitable and Religious Trusts Act, 1920 or the Bombay Public Trusts Act, 1950.
This blog explores the major differences between public and private trusts, their features, regulatory framework, objectives, and benefits.
What is a Trust?
A trust is a legal arrangement where the owner (settlor) transfers property to a trustee to manage and use it for the benefit of others (beneficiaries). There are two broad categories:
- Public Trust: It is created for the benefit of the general public or a large section of it.
- Private Trust: Created for the benefit of one or more specific individuals.
Comparative Table: Public Trust Vs Private Trust
| Criteria | Public Trust | Private Trust |
| Governing Law | State-specific laws (e.g., Bombay Public Trusts Act, 1950) or general principles | Indian Trusts Act, 1882 |
| Purpose | Charitable, religious, educational, or public welfare purposes | For the benefit of specific individuals or a defined group |
| Beneficiaries | The general public or a section of society | Identifiable individuals or families |
| Registration | Mandatory in most states | Not mandatory, but advisable |
| Trust Deed Requirements | Must specify charitable objectives and be registered | Must specify the beneficiaries and terms of benefit |
| Tax Benefits | Eligible for tax exemptions under Section 12A & 80G of the Income Tax Act | No tax exemptions for donations received; taxed under individual laws |
| Examples | Temples, charitable hospitals, NGOs, and educational institutions | Family trusts, employee welfare trusts, succession planning trusts |
| Supervision and Regulation | Monitored by the Charity Commissioners or the relevant state authority | Minimal supervision unless under court jurisdiction |
| Revocability | Generally irrevocable | Can be revocable or irrevocable, based on the trust deed |
| Disclosure Requirements | Regular audit and submission of accounts may be required | Generally, not required unless specified |
| Number of Trustees | Usually, multiple trustees | Can be a single trustee or more |
| Continuity | Perpetual existence | Can be limited to the lifetime of beneficiaries or a specific period |
| Modification or Dissolution | Difficult; needs court approval in many cases | Easier, depends on the terms of the trust deed |
| Public Access to Information | The public has the right to access certain information | Information is confidential |
| Beneficiary Rights | No individual right to claim a benefit | Beneficiaries have enforceable rights |
| Suit for Breach of Trust | Can be initiated by a member of the public or the Charity Commissioner | Can be initiated by the beneficiaries only |
Public Trusts: Explained
Public trusts are set up with the aim of serving society. These include charitable, religious, educational, or medical purposes. Since public money or donations are usually involved, public trusts are strictly monitored.
Features of Public Trusts:-
- The beneficiaries are the general public or a section of society.
- Typically, it is managed by a board of trustees.
- Donations received are eligible for tax deductions for donors under Section 80G.
- Must maintain transparency and accountability through audits and filings.
- Operate on a non-profit basis.
Types of Public Trusts:-
- Charitable Trusts: Focus on education, healthcare, and poverty relief.
- Religious Trusts: For the upkeep of places of worship, rituals, and festivals.
- Combined Trusts: Both religious and charitable purposes.
Private Trusts: Explained
Private trusts are basically established for the benefit of specific individuals or family members. These trusts are popular for estate planning, wealth management, and asset protection.
Features of Private Trusts:
- The beneficiaries are known and specific individuals or families.
- The income of the trust is distributed according to the terms of the trust deed.
- They may be revocable or irrevocable, based on the settlor’s choice.
- The trust is not eligible for tax exemptions available to public trusts.
- Private trusts are generally less regulated and offer greater confidentiality…!
Types of Private Trusts:
- Discretionary Trust: The Trustee has discretion in distributing income.
- Specific Trust: Shares and benefits of each beneficiary are fixed.
Registration and Legal Requirements
Public Trust:
- Registration is mandatory in most states.
- Governed by state-specific public trust laws.
- Requires a detailed trust deed with objectives, trustees, and governance.
Private Trust:
- Registration is optional but advised for legal clarity.
- Governed by the Indian Trusts Act, 1882.
- Requires a trust deed mentioning the beneficiaries, property, duties…!
Tax Implications
- Public Trusts can apply for:
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- Section 12A registration for exemption on income.
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- Section 80G certification for the purpose of donors to claim deductions.
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- Must spend 85% of their income for charitable purposes to retain tax exemption.
- Private Trusts:
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- No tax exemption.
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- Income is taxed in the hands of the beneficiaries or the trust, depending on its structure.
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- Discretionary Trusts are taxed at the maximum marginal rate.
When to Choose?
| Scenario | Recommended Trust |
| You want to support education or healthcare causes | Public Trust |
| You want to set aside wealth for family members | Private Trust |
| You want to manage temple donations | Public Religious Trust |
| You want to protect your estate from disputes | Private Trust |
| You want to run an NGO | Public Charitable Trust |
Conclusion
Understanding the basic difference between public and private trusts is essential before deciding which structure suits your goals. While public trusts are suitable for charitable and religious purposes benefiting the public, private trusts are ideal for protecting family wealth or managing succession planning.
Each has its own legal, tax, and administrative implications. Consulting with a legal or tax professional can ensure the correct setup and compliance for your trust’s purpose.
FAQs
1. Can one person create both a public and a private trust?
A single individual (settlor) can create both types of trusts, either as two separate trusts or as one combined trust. The objectives and beneficiaries must be clearly defined in the trust deed to avoid legal and tax complications.
2. Is registration of a trust mandatory in India?
- Public Trusts: Yes, trust registration is mandatory under most state laws.
- Private Trusts: Not mandatory under the Indian Trusts Act, 1882, but highly recommended—especially when immovable property is involved—for legal validity and enforceability.
3. Do public and private trusts both enjoy tax benefits?
No. Only public charitable or religious trusts qualify for tax exemptions under Sections 12A (income tax exemption) and 80G (donor deductions) of the Income Tax Act. Private trusts do not enjoy these benefits and are taxed as per individual or trust-specific tax rules.
