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How is an NGO, a Trust and a Foundation Different?

From a legal standpoint, there is hardly any difference. An NGO or a Foundation cannot be registered. The legal viewpoint is that an NGO has one of three entities; its either a Public Trust or a Society or a not-for-profit organization or foundation. Under the Income Tax Act, all 3 entities are tax-exempt entities.Both trust and society alike are two types of a non-profit or non-government organization in India. Therefore if anyone intends on doing social work and for this purpose needs a legal entity, then either a trust or a society can be registered. One can also register a company under section 25 but in most cases, a registered is a norm or society for benevolent work.Trust is a comparatively simpler entity and can be easily registered and operated. Such organizations are fundamentally rooted in trust. Donations are purely based on trust that the donated funds would be fully utilized to serve the purpose mentioned in one’s trust deed. Trustees do not owe any explanation to anyone other than the Charity Commissioner and the applicable laws. Any tax breaks u/s 80g and 12a can be revoked if trustees do not abide by the rules, laws, and regulations of the Income Tax department. Analyzing NGO Registration people seem to think that even with lack of funds if NGO registration is done then their goals and objectives can be attained. Truth is as quickly as some NGOs are being registered they are also winding up quickly or even leaving it in the middle. If NGOs are registered with the intention or mindset of obtaining external grants and donations then such NGOs would not be sustainable in the long run. A company donating a chunk of funds to charity on a regular basis, then in such cases an NGO can be registered with enhanced sustainability planning.  In India, there are many registered NGOs only on paper and only about a little over half of NGOs are actually working for the betterment of society. NGOs can be formed in no time at all. However, when project funds from local government schemes or contributions from foreign countries are on hold indefinitely then the entire NGO comes to a screeching halt. Rather than looking for easier options for forming an NGO, for NGO registration its imperative to analyze the actual requirement and the strength to form, manage and maintain such NGO is far more important.Call 7604047601 for consultation with a registered expert Trust and Society NGO lawyers on Vidhikarya.

Posted By

Avik Chakravorty

4 weeks ago

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Why is RTI Amendment Bill So Controversial?

Although the Lok Sabha has passed and ratified The Right to Information Amendment Bill 2019 the Opposition is dead against it. Invectives like ‘dangerous’ and ‘dark day for democracy’ have been hurled against the bill. Changes have been suggested in regard to the terms and conditions of appointment of information commissioners at the center and state levels. The three provisions of the RTI amendment bill have been challenged by the members of Opposition in Parliament and by protesters in the field.Nonetheless, prior to going forward, the basic things that the RTI Act of 2005 does is based on the existing law which says that the public authorities are required to disclose on·        their organization, functions, and structure·        rights and duties of its officers and employees·        financial dataIf the public authorities do not provide the required information of their own volition, then, in that case, its citizen’s right to demand it from them based on the RTI Act. "Public authorities" refer to ministers and government servants among others.The head of the central information commission is the chief information commissioner and other information commissioners appointed by none other than the President representing the Central Government for a fixed term of five years with the salary of the chief election commissioner’s, as well as the election commissioner's salary respectively. The intent and purpose of this initiative were granting autonomous powers to the central information commission as well as provide protection from government surveillance. The amendments ` ` ` `The RTI amendment bill of 2019, excludes the five years tenure of the chief information commissioners and the information commissioners. The payouts on account of salary have been revised. Separate notifications will be sent by the government to both. Politically, what this means is that the government can and will pose a threat or entice the chief information commissioner and information commissioners with random removal or extension and curtailment or increase in salary depending upon their suitability for the ruling dispensation.Call 7604047601 for consultation with a registered expert right to information lawyer on Vidhikarya.

Posted By

Avik Chakravorty

1 month ago

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Consult Top Registration Lawyers in India

Tabassum  Sultana

Tabassum Sultana

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Registration
  • Divorce
  • Domestic Violence
  • Child Custody
  • Criminal
Advocate with experience in Divorce Cases, Child Custody, Domestic Violence, Registration of Marriages, Criminal Law (Regular and Anticipatory Bail), Cheque Bounce Cases, Drafting of all kinds of Agreements and Legal Notices, Muslim Laws.. View Full Profile
Total Answers Given : 16
Ramgopal  Aiyer

Ramgopal Aiyer

Managing Partner
Exp
Mumbai , Maharashtra

Specialization

  • Registration
  • Criminal
  • Cheque Bounce
  • Banking
  • Commercial
Managing Partner of Kaleeyantey Law Firm presently having offices in Mumbai and Navi Mumbai handling Litigation and Non Litigation matters on Civil side and Criminal side as well. View Full Profile
Total Answers Given : 3
Nidhi  Mathur

Nidhi Mathur

Managing Partner
Exp
New Delhi , Delhi

Specialization

  • Registration
  • Consumer Protection
  • Civil
  • Employment and Labour
  • Sexual Harassment at Workplace
20 years' experience in Legal & HR fields. Practicing in Supreme Court & Delhi High Court.Practice area include, Litigation,Civil Law, Family Law,Commercial Laws,Sexual Harassment Law, Labour Law, Real Estate, Consumer Law, Cheque bouncing,Contract drafting, NGO, Company Law matters, IPR, Insolvency View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Registration
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
Prahallad  Rana

Prahallad Rana

ADVOCATE
Exp
Thane , Maharashtra

Specialization

  • Registration
  • Civil
  • Family
  • Tax-Property Tax
  • Tax-GST
Adv. Rana & Associates in Vasai West. It is known to provide top service in the following categories: Lawyers, Lawyers For Criminal, Lawyers For Divorce Case, Lawyers For Property Case, Lawyers For Conveyancing, Lawyers For Dowry Case, Lawyers For NCLAT, Lawyers For Bankruptcy. View Full Profile
Braj  Nandan

Braj Nandan

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Registration
  • Divorce
  • Domestic Violence
  • Family
  • Consumer Protection
I am specialist in family matter and consumer case. Hence, What I think, What I want, I achieved any how... View Full Profile
Total Answers Given : 2
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Registration
  • Civil
  • Debt Collection
  • Maternity
  • Outsourcing Agreement/Laws
Hey everyone, I am from Raipur, Chhattigarh, my born and brought up is Raipur only, I have done B.B.A-LL.B (Hons.) [honors in corporate law] from MATS Law School, MATS University. View Full Profile
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Jaya  Dhoot

Jaya Dhoot

Advocate
Exp
Jaipur , Rajasthan

Specialization

  • Registration
  • Divorce
  • Criminal
  • Cheque Bounce
  • Banking
I am lawyer View Full Profile
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Registration
  • Advertising
  • Maternity
  • Sale
  • Software License
ADVOCATE KRISHNA & ASSOCIATES

ADVOCATE KRISHNA & ASSOCIATES

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Registration
  • Civil
  • Banking
  • Child Custody
  • Contracts and Agreements
ADVOCATE KRISHNA AND ASSOCIATES a full pledged Property , Family ,corporate lawyers , they are offering legal assistance in High Court and District courts of Chennai. Further the service of this advocates are extended to Family courts, Company low board, DRT & DRAT, labour Court and NCLT View Full Profile
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  • What is Registration Law?
  • Which Law is applicable while Registration of a Property?
  • Is it necessary for Registration of Document?

Humans enter innumerable transactions in their lives. Law trusts some of these to be appropriately known by all in the larger interest of the society. Thus, the idea of registration of certain human exchanges by State advanced. To guarantee this, State made the necessary policies.

What is Registration Law?


Registration of the documents of sale and purchase of immovable property is mandatory and ensures conservation of evidence, prevention of fraud and assurance of title. The law of registration of documents is contained in the Indian Registration Act.

Laws Applicable on Registration?


The major legislation in India is the Registration Act 1908.

The reason for the Registration Act, in addition to other things, is to give a strategy for public registration of documents in order to offer data to individuals with respect to lawful rights and commitments emerging or influencing a specific property, and to sustain documents which may a while later be of legitimate significance, and furthermore to counteract extortion. Registration loans sacredness and significance to specific classes of documents.

As per the Act, registration of immovable property is mandatory, section 17 states that a immovable property having value more than Rs.100/- has to be registered.

As per the Act, registration of immovable property is mandatory however, Section 17(2) of the Act speaks of some documents which despite being related to immovable property do not necessarily have to be registered.

Section 18 of the Act talks about the documents whose registration is optional. The registration of Wills is optional. Leases of immovable property for a term not exceeding a year is optional.

The time limit for a document (apart from a will) is 4 months from the date of its execution. Section 23A talks about the re-registration of some particular documents, Section 26 about a particular power of the registering officer. A document executed outside India is not valid unless it is registered in India.

As per Section 28 of the Registration Act, document affecting immovable property mentioned in Section 17(a) to 17(e) and Section 17(2) should be presented to the Sub-Registrar’s office within whose sub-district the portion of the relevant property is situated. For the remaining types of documents, as per Section 29 of the Act, the office of the Sub-Registrar within whose sub-district the execution of the document took place.

In case a representative is presenting a document for registration, he/she must possess a Special Power of Attorney to do so, a General Power of Attorney would not suffice.

The Registrar does have the power to refuse registration on certain grounds, some of them are; the presentation of a document by a minor, document being presented after the limitation period of 4 months, concerned property being outside his jurisdiction, etc. However, undervaluation of stamp duty is not a ground for the Registrar to refuse registration.

On the off chance that a document which is required to be register under Section 17 or under policies of Transfer of Property Act, 1882 isn't registered, the impact is that such un-registered document does not influence any immovable property in that it can't be used as evidence of any exchange influencing such property. Hence, the document winds up plainly pointless for every pragmatic reason. However, it may be acknowledged as evidence in criminal procedures.

Necessity of Registration.


Registration of the documents of sale and purchase of immovable property is necessary and ensures conservation of evidence, prevention of fraud and assurance of title.

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