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PRIVATE TRUST
THIS INDENTURE made at {City} this
____ day of ________, 20___ BETWEEN MR. _______________, an Indian Resident
of _______{City}, hereinafter called "THE SETTLOR" (which expression shall
include his heirs, executors and administrators) of the ONE PART
and (1) MR. __________________,
and (2) Smt. __________________ _______ both of _________{City}, Indian
Residents, hereinafter called "THE TRUSTEES" (which expression shall so
far as the context will admit, will mean and include the survivors or survivor
of them and the heirs, executors and administrators of such survivors or
survivor and the Trustees or Trustee for the time being of these presents)
of the OTHER PART.
WHEREAS :
1. The Settlor being absolutely seized
and possessed of or otherwise well and sufficiently entitled to a sum of
Rs.________/- (Rupees __________Only) is desirous of settling the said
sum of Rs.______/- (Rupees __________ Only) for the benefit of life interest
for Mr. __________________ and Mrs. _____________________ and thereafter
for the _____ Trust.
2. At the request of the Settlor,
the Trustees have agreed to act as the First Trustees of these presents,
as is testified to by their joining in and executing these presents.
3. The Settlor has prior to the execution
of these presents handed over to the Trustees the said sum of Rs._________/-
(Rupees _____________Only) to be held by the Trustees upon the Trusts and
with and subject to the powers, provisions, declarations and agreements
hereinafter contained of and concerning the same.
NOW THIS INDENTURE WITNESSETH AS
FOLLOWS :
In consideration of the natural love and affection the Settlor bears towards
(1) Mr.
__________________
and (2) Mrs. ________ w/o. __________________, the Settlor, DOTH HEREBY
CONFIRMS, DECLARES that he has transferred the right over the said sum
of Rs.________ (Rupees _____________ Only) to the Trusties TO HAVE AND
TO HOLD the same unto the Trustees and the investments for the time
being and from time to time representing the same upon for the use,purposes
and benefits with and subject to the powers and provisions hereinafter
declared and contained of and concerning the same.
The name
of the Trust shall be "__________________ TRUST". The Trust
Fund shall mean the said sum of Rs.1,000/-(Rupees One Thousand Only) and
unless repungant to the subject or context thereof shall also include any
other property that may be acquired by the Trustees or come to their hands
by virtue of these presents or otherwise howsover in relation to these
presents including all gifts either in cash or other properties movable
or immovable or otherwever which may be received by the trustees from time
to time for the purpose of these presents.
The
date of the Distribution shall be the date when the survivor of Mr. ___________
and Mrs. ________ expires or ____.___.20_ whichever is earlier.
On the date of the distribution the Trustees shall distribute, transfer
and convey the Trust Fund together with income, if any, to "__________
Trust". It is hereby agreed and declared between the parties of these presents
that the Trustees shall hold and stand possessed of the said sum
of money and/or any other properties or assets that may come under the
Trust of these presents or be substituted or added and which money and/or
other properties or assets are herein designated as the "Trust Fund" and
subject to the powers, provisions, agreements and declarations hereinafter
contained and concerning the same and the income arising from the Trust
Fund under or by virtue of the provisions of this Deed upon the Trust to
receive the annual or other income of the Trust Fund and all other income
arising under this Deed (income for this purpose being regarded as including
capital gains referred to in the Income tax Act) and in the first place
to reimburse and or discharge all the cost and expenses which may be incurred
in or about the administration of the Trust of these presents including
any government dues, income tax or wealth tax or other taxes levied or
reviable upon the Trustees or upon any beneficiary or persons having interest
in the corpus or in the income of the Trust Fund, ground rent, insurance
premia, cost of ordinary repairs, salaries and wages of the servants and
all other usual out goings charges and expenses of and incidental to the
provisions of the Trust Fund in respect of or by reason of such interest
of such beneficiaries or person and including also all out goings and municipal
or other rates, assessment and duties and the cost of ordinary repairs
of any immovable property forming part of the Trust Fund.
After deducting or setting apart the expenses mentioned in clause 4(a)
above from the gross income of the Trust Fund, the net income from the
Trust Fund will be paid to by Mr. __________________ and Smt. _____________
W/o. __________________, the beneficiaries herein for being utilized for
their maintenance and residence during their life time. The said Trustees
will not be entitled or bound to ask the said beneficiaries to give account
for amount so paid during their lifetime untill their death.
On the death of either of Mr. _________ and Smt. ________, the aforesaid
net income will be paid to their survivor without any liability to account
for his / her lifetime and until his/her death.
On
the death of both Mr. _________and Smt. ________, the entire income together
with corpus shall be treated as the corpus of the __________ Trust
(which was settled on __ day of _____ ,20___ by Mr. __________) and
thereafter it will be applied for the benefits of __________ Trust. In
accordance with the provisions contained in the aforesaid Trust Deed dated
___-__-20__.
The Trustees
shall have the powers to receive and accept gifts, donations of any moveable
or immovable properties and such amounts as and when received shall form
part of the Trust Fund.
The Trustees
will be entitled to invest all moneys liable and authorized in any one
or more of the following :-
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in any of the modes of investments authorized by the Indian Trust Act;
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in moveable properties including shares, debentures, bonds, or securities
of any joint stock company, corporation, Unit Trust of India or Mutual
Funds or other Institutions;
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as deposits (current, saving, fixed or any other) with banks, joint stock
companies or partnership firm on such terms and conditions as the Trustees
may in their discretion think fit;
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in the purchase of any immovable property, whether freehold or leasehold;
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in granting of loans to individuals, firms, association of persons, joint
stock companies or otherwise whatsoever;
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in carrying on business either by themselves or in partnership or otherwise
as they may in their discretion think fit and close and restart any business
and utilise the profits derived therefrom for the objects aforesaid.
The Trustees
shall have power to vary from time to time the investments for others of
the same or of a like or different nature.
Without
affecting the generality of the powers, provisions and authorities vested
in the Trustees under these presents, the Trustees shall have, in addition
thereto and not in substitution there of, the following powers and shall
be entitled to execute all acts, documents and things necessary ancillary
or incidental thereto that is to say:
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Open and operate a Banking account/accounts
of the Trust in any Bank or Banks of repute, in the
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Name of the Trust or in the name
of all of them. All amounts received by way of dividends, interest,
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Rent, profits or other income
shall be credited to the said amounts. Such accounts shall be operated
by any one of the Trustees.
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To borrow moneys or raise loans
and funds required for any purpose, power or provisions eitherdirectly
or indirectly connected with the objects of this Trust or for any object
incidental to these presents.
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To draw, make, accept, endorse,
discount, execute and issue promissory notes, bills of exchange and other
negotiable instruments.
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To purchase, take on lease
or sub-lease, leave and license basis co-operative schemes or any other
arrangements of in exchange hire or otherwise acquire or deal with or own
any immovable or movable property and any rights, benefits or privileges
which the Trustees may think necessary or convenient.
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To purchase on ownership basis or take on rent or compensation residential
flats, business premises, industrial sheds or factory premises, godown
or open plot of land and let out the same or give on leave and license
basis or for compensation or warehousing charges or storage charges.
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To construct, develop, maintain and alter any buildings, structures, industrial
estates, factories or works of any nature whatsoever necessary or convenient
or which the Trustees may in their absolute discretion think fit.
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To sell, improve manage, develop, exchange, lease, mortgage, charge, pledge,
hypothecate, dispose of or deal with all or any part of the Trust Fund
and premises hereby settled or any part or parts thereof.
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To organise agencies or offices or to make any other arrangements necessary
for conducting and managing the Trust and to appoint such Agents and Representatives
in that behalf as the Trustees may in their absolute discretion think fit.
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To enter into partnership or joint ventures or other arrangements with
any other person, firm, body corporate society, federation, association
of individuals or otherwise, howsoever, for carrying on any business or
businesses, industries or commercial activities for and on behalf of the
Trust and to appoint any one or more of Trustees to be partners, representatives
or nominees or nominee for and on behalf of the Trust to carry out or implement
any such arrangements, as the case may be.
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The Trustees may deposit any documents of title or any other papers or
documents or certificates held by them relating to any movable or immovable
property or relating to the Trust under these presents with any Bank or
Bankers or any other persons, firms or company whatsoever for safe custody
and may pay any such charges payable in respect of such deposits.
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The Trustees, at their uncontrolled discretion instead of acting personally
may employ and pay any agent, person or representative including any Bank
or Insurance Company to transact any business or to do any act whatsoever
in relating to the Trustees of these presents including the receipt and
payment of moneys without being liable for loss and shall be entitled to
be allowed and paid all charges and expenses incurred thereby.
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The Trustees shall be entitled from time to time to appoint on such terms
as they may determine any manager or managers, officers, clerks or care-takers
for any immovable or movable property subject to the provisions of this
Trust and to pay them salary, wages, emoluments, fees, remuneration etc.
as they in their absolute discretion think fit.
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The Trustees shall have power to delegate any Power of Attorney to any
Trustee or other person whomsoever any powers implied by law or conferred
by stature or vested in the Trustees by these presents but the Trustees
shall not be held liable or responsible for the acts or defaults of any
such person or persons but only for their own respective acts or defaults.
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In the event
of the Trustees purchasing an immovable property or properties out of moneys
belonging to the Trust, it shall be lawful for the Trustees to repair,
demolish or rebuild them well as any other buildings or structures, out
of the Corpus of the Trust Fund and to give lease of such properties on
such term/terms of years or any monthly tenancy at such rent or rents and
upon such conditions as the Trustees may in their absolute discretion think
fit and to make allowance with tenants and other including power to condone
breaches of covenants and to accept surrender of lease or tenancies and
generally to have all powers of management of such immovable property or
properties as absolute owners without being responsible for loss or damages
that may happen thereby IT SHALL ALSO BE LAWFUL for the Trustees at any
time in their discretion to sell such immovable property or properties
or part or parts thereof or easements, rights or privileges exercised or
enjoyed in over for or upon or under such immovable property or properties
and upon any such exchange to give or receive moneys for equality or exchange.
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The Trustees
may make any such sale as aforesaid either by public auction or private
contract and may make or agree to any stipulations or provisions as to
title to evidence or commencement of title or otherwise to any conditions
of sale or contract for sale or exchange and may buy in at any sale by
auction and rescind or vary any contract and enter into any new contract
for any of the purpose aforesaid without being responsible for any
loss. The Trustees may execute assurance give effectual receipts for effectuating
any such sale or exchange which they may think proper.
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The Trustees
may frame rules and regulations for the administration of the Trust and
to conduct the affairs thereof, as they deem fit.
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In the event
of any difference between the Trustees concerning the affairs of the Trust,
the decisions of the majority of the Trustees shall prevail. The Chairman
of the meeting shall have a casting vote.
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There shall not be
at any time less than 2 or more than five Trustees of these presents. The
Trustees shall have power to add to their number, subject however, to the
maximum limit provided herein.
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Any Trustee
for the time being thereof may at any time retire from the Trust on giving
not less than one month's notice in writing of her / his intention to do
so to each of the other Trustees for the time being hereof and upon expiry
of such notice the Trustees giving such notice shall cease to be Trustee
of these presents.
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Every one of
the Trustees for himself or herself doth hereby agree that in the event
of his or her vacating the office of the Trustees, he or she shall
do all necessary acts, deeds and things for duly transferring over the
Trust Fund to the name or names of the new and/or additional Trustees or
Trustee. All costs attending such transfer shall be borne out of income
of the Trust Fund.
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If the Trustees hereby
appointed or any of them or any future Trustees or Trustee hereof shall
die or go to reside abroad for more than two consecutive years or shall
desire to retire from or refuse or become unfit or incapable to act in
the Trusts or these presents or become insolvent or the Trustees shall
be desirous of appointing an additional Trustee or additional Trustees
which he/she or they are hereby authorised to do, then it shall be lawful
for the surviving or continuing Trustees or Trustee of these presents and
if thereby no surviving or continuing Trustees then for the retiring or
refusing Trustees or Trustee and failing them for the heirs, executors
or administrators of the last surviving Trustee to appoint any other person
or persons to be a Trustee or Trustees in place of the Trustees or Trustee
so dying or going to reside abroad for more than two consecutive years
or desiring to be discharged or refusing or becoming unfit or incapable
to act or being adjudged insolvent or to appoint an as additional Trustee
or Trustees as aforesaid with liberty upon such appointment to increase
or diminish the number of Trustees for the time being but so that the number
of Trustees of these presents shall at no time be less than two or more
than five AND UPON every such appointment made the Trust Fund hereby settled
and the investments for the time being representing the same shall be so
transferred to become vested in the new Trustee or Trustees so appointed
and every
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Trustee so
appointed may as well before or after such transfer act as fully as if
he/she/they had been originally appointed a Trustee PROVIDED ALWAYS
that without prejudice to any other provisions of the law a Trustee of
these presents shall stand discharged from his/her office of Trustee or
on his/her tendering resignation of his/her office and on the same being
accepted by the remaining Trustees of these presents PROVIDED
FURTHER that notwithstanding anything herein contained to the contrary
it shall be for the Trustees if they all unanimously agree in that behalf
to appoint a Bank or a Company or the official Trustee of Bombay as a Trustee
of these presents either solely or jointly with other Trustees and in such
event the fees payable to such Bank or Company or the Official Trustee
as a Trustee shall be paid out of the Corpus of the Trust Fund and
the annual fees or other charges payable to such Bank or Company or Official
Trustee shall be paid out of the income of the Trust Fund, PROVIDED FURTHER
that in the event of any Bank or Company being appointed a Trustee of these
presents, the Trustee shall have power to adopt and add to the provisions
of this Trust Deed such new clauses and powers relating to the administration
of the Trust and the custody of the Trust Fund as such Bank or Company
reasonably require and as are usually included in Trusts in which such
Bank or Company may have been appointed a Trustee.
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It shall be
lawful for the Trustees to borrow moneys either on the security of the
Trust Fund or otherwise, for the purpose of making any payment in respect
of any estate duty or gift tax or any other tax or duty in connection with
the corpus of the Trust Fund or any part thereof so that the moneys may
be borrowed at such rate of interest and on such terms as the Trustees
may in their absolute discretion think proper.
PROVIDED THAT any estate duty gift tax or any other tax or duty payable
in respect of the Trust Fund shall be payable out of such fund respectively
and the Trustees shall be entitled to be reimbursed in respect thereof
from such fund liable for the same and to keep such fund with themselves
until any such duty or tax in connection therewith shall have been paid
or satisfied or until the statutory period in respect of the payment thereof
shall have expired.
AND IT IS HEREBY
FURTHER AGREED AND DECLARED that the Trustees for the time being of these
presents shall be respectively chargeable only for such Trust Funds
and the income including moneys,stocks, funds, shares and securities as
they shall respectively actually receive notwithstanding their respectively
signing any receipt for the sake of conformity and shall be answerable
and accountable only for their own acts, receipts, neglects or defaults
and not for those of the others or other of them nor for any Bankers, Broker,
Auctioneer or Agent of any other person or persons into whose hands any
Trust Fund or Trust income may be deposited or come nor for lending on
any security with less than marketable title nor for the insufficiency
or deficiency of any stocks, funds, shares, securities nor any other loss
unless the same shall happen through their own wilful default or dishonesty
respectively AND ALSO that the Trustees or Trustee for the time being of
these presents may reimburse themselves or himself / herself and pay or
discharge out of the Trust property or Fund all expenses incurred in or
about the execution of the Trust or powers of these presents.
IN WITNESS WHEREOF the parties hereto
have hereunto set and subscribed their respective hands and seals the day
and year first hereinabove written.
SIGNED AND DELIVERED
)
by the withinnamed "SETTLOR"
)
MR. _________ s/o.Mr. __________
) _____________________
in the presence of ..........................
)
SIGNED AND DELIVERED
)
by the withinnamed "TRUSTEES"
)
(1) MR. __________________
) _____________________
(2) SMT. ________
) _____________________
__________________
) _____________________
in the presence of ..........................
)
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