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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

1 month 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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Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • Will
  • Civil
  • Debt And Lending Agreement
  • Financial Markets And Services
  • International Laws
Total Answers Given : 3
Ramgopal  Aiyer

Ramgopal Aiyer

Managing Partner
Exp
Mumbai , Maharashtra

Specialization

  • Will
  • 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
KSSA  Law Firm

KSSA Law Firm

Advocate
Exp
South Delhi , Delhi

Specialization

  • Will
  • Civil
  • Adoption
  • Partnership
  • Property
This a full-service firm, providing varied services inclusive of civil, taxation, commercial, corporate and writ litigation as well as general corporate and transactional services. We are Delhi based law firm having offices at Delhi, Jabalpur, Patna. View Full Profile
Total Answers Given : 1
Lawkhart  Legal

Lawkhart Legal

Founder Advocate of Mehrotra & Associates
Exp
Mumbai City , Maharashtra

Specialization

  • Will
  • Cheque Bounce
  • Divorce
  • Domestic Violence
  • Debt Collection
I have been providing legal advice and services in various fields of law including Criminal law, Divorce law, Property Law, Default or Fraud Law. We specialize in providing quality and honest legal services at a reasonable rate, so that justice can become affordable. View Full Profile
Total Answers Given : 1
Manish  Priyadarshi

Manish Priyadarshi

Advocate
Exp
Jaipur , Rajasthan

Specialization

  • Will
  • Commercial
  • Real Estate
  • Arbitration and Mediation
  • Contracts And Agreements
I have extensive experience in Civil and Corporate litigation with special emphasis on land related issues including Land Due Diligence, Arbitration matters, Commercial matters, Debt related matters/Banking matters, Insolvency proceedings, Constitutional Law, drafting of various kinds of agreements. View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Will
  • 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
Anil  Kumar

Anil Kumar

Advocate
Exp
Bangalore , Karnataka

Specialization

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  • Divorce
  • Motor Accident
PRACTICE AREAS 6 years Experience.Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Civil, Criminal, Divorce, Documentation, Domestic Violence, Family, Property,Language(s) Spoken: English, Hindi, Kannada,Telugu, Tamil. View Full Profile
ROHIT  DALMIA

ROHIT DALMIA

ADVOCATE
Exp
Mumbai suburban , Maharashtra

Specialization

  • Will
  • Debt Collection
  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Contracts And Agreements
An Enthused Advocate who looks for challenging cases and assignments. Have Presence at major cities of India through Associate offices. View Full Profile
Satish  Kumar

Satish Kumar

advocate
Exp
Delhi , Delhi

Specialization

  • Will
  • Criminal
  • Sex Crime
  • Sexual Harassment at Workplace
  • Divorce
Our law associates is a full service law firm providing extensive range on various law related issues.We provide great & aggresive legal representation in courts & we focus on Confidentiality, ethics etc with Competent Fee or Billing structure. We also focus on providing each & every update on case. View Full Profile
Braj  Nandan

Braj Nandan

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Will
  • 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
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  • What is Will?
  • What is Will Law?
  • Which Laws Govern Will?
  • Is it necessary to register a Will?

What is Will?


As per Section 2(h) of the Indian Succession Act, 1925; the lawful declaration of a testator’s intention in connection with his property in the event of his death is referred to as a “Will”. Any person who is not a minor and is of a sound mind is competent to make a Will.

What is the Wills law?


There are multiple laws governing the execution and procedure concerning wills which are applicable to different sections of the society. A will need not be made on a stamp paper if a person is okay with their will not being ‘registered’. These laws govern the process, extent, and other procedure w.r.t Wills.

These laws also aim at providing clarifications regarding the actual nature of a will, the concerned provisions make it clear that a Will is different from a Gift Deed as assets in a Will pass on only at the event of the death of the testator.

What are the applicable which Laws Which Govern Will?


  • Hindu Succession Act – Section 30 of HSA, 1956 is applicable to Hindus
  • Muslims – Quranic Law is applicable
  • The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 – applicable in the state of Goa
  • The Indian Succession Act, 1925
  • The Registration Act, 1908 – A will need not be registered as this exception is allowed under Section 18 of the Registration Act, 1908. This principle was held in the case of Maturi Pullaian v. Maturi Narasimham.

Is it necessary to register Will?


In India, registration of Wills is not compulsory. A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, (Act), and according to section 18 (e) it is the testator’s choice as to whether he wishes to register it. There is no stamp duty payable. But if one chooses to register a Will with the applicable registrar/sub-registrar of assurances, the registration provides evidence that the proper parties had appeared before the registering officer and the latter had attested the same after ascertaining their identity. Once a Will is registered, it is placed in the safe custody of the Registrar and cannot be tampered with, destroyed, mutilated or stolen. However, non-registration of a Will does not lead to any inference against its genuineness. It doesn’t have to be executed before a notary public.

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