What is a charitable trust??
A charitable trust refers to an organization that makes certain arrangements with which the personal property of an individual, if given is helped by another and is used for a class of persons or general public for their benefit. These organizations are supported by the law and are sometimes termed as the public trusts. They provide them with a number of privileges like advantageous tax status.
Before enforcement of the charitable trust by the court, a complete examination about the social benefits as well as the charity is made. This examination by the court is mandatory, as the court is not supposed to rely on the statements given by the settler or the founder of the trust. A decision cannot be made, whether the organization is charitable or not.
Requirements to be fulfilled for a charitable trust:
There are certain requirements that need to be fulfilled by a settler, in order to prove that the trust that has been created by him/her is a charitable trust. Some of the essentials for creating such a trust are listed below:
- Existence of a trustee for the administration and taking care of the trust as well as the public
- He/she is supposed to have some res property or the property of the trust.
- The purpose of the charity must be expressively designated.
- The actual benefit must be received by the indefinite beneficiaries from within the group a definite class of persons.
The details given above must be fulfilled in order to run a charitable trust. The essentials for a res as well as a charitable trust are the same, as they are for any other charitable organization.
Purposes of charitable trust:
- The basic purpose of every charitable trust is upliftment of the mankind in every respect, whether physically or mentally.
- Advancement of religion
- Relief of poverty
- Prevent cruelty to animals
- Advancement to education and health.
- Improvement of the government.
- Patriotism
- Kindness to animals must be fostered.
- Erection of a historical monument in respect and honour of any historical or famous figure.
Beneficiaries:
A definite segment of public is supposed to be benefitted from a charitable trust. The individuals specified within the class must be indefinite. A trust, which is meant for benefitting the orphans, is referred to a charitable trust basically. There are a number of charitable trust in NCR that are benefitting an indefinite persons or individuals from a specific class. The indefinite persons are the individuals, who have been chosen by the trustee in order to get the benefits to be paid. A charitable trust does not work with the perspective of getting a fame or popularity or with the objective of earning profits. A trust or organization working with such perspectives cannot be termed as a charitable trust. However, a trust can also be meant for construction as well as maintenance of a hospital and can be charitable in nature.
Source : articlesbase.com
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