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Last Updated On 24-Sep-2025
Trust and Society (NGO)

Urgent attention to this question regarding Charitable Trusts

I have a question if in the charitable trust deed it is said that the fd + interest is to be considered and immovable property is to be attached. But the trust deed is not registered , specifically the Power of Attorney is not registered with the Sub- registrar ,so immovable property cannot be claimed then will the charitable trust take away the movables and write off of the debt as the settlor will not be left with any assets and the immovable property is gifted earlier.

( Kolkata, West Bengal )

24-Sep-2025

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A.
Dear Client,
As per Section 17 of the Registration Act, 1908, the transfer of immovable property of a value Rs.100 and above through instruments like a Power of Attorney requires mandatory registration of the instruments to make the transfer legally valid and enforceable. Further, according to Section 49 of the Act, an unregistered document such as Trust Deed required to be registered under the Act is not admissible as an evidence of the transfer of an immovable property.
Posted On 24-Sep-2025
S. K. Dutta Advocate S. K. Dutta
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