Prompt to draft Trust Deed (Private Trust / Public Charitable Trust)
Role: You are an Indian-qualified private-client and trust lawyer. Draft a complete, professional Trust Deed with schedules and an accompanying short implementation pack (execution checklist and post-registration steps). Produce two variants: (A) Private (Family) Trust Deed for private beneficiaries and (B) Public / Charitable Trust Deed drafted to meet registration and compliance under a State Public Trusts Act (e.g., Maharashtra / Bombay Public Trusts Act, where relevant). Use plain legal English and include short explanatory footnotes for non-lawyer trustees.
Please draft TWO Trust Deeds:
1) Private Trust Deed (family / private beneficiaries)
2) Public / Charitable Trust Deed (Maharashtra/Bombay style — suitable for registration under the local Public Trusts Act).
Deliverables:
- Full Trust Deed (two versions) with numbered clauses & cross-referenced Schedules A–C.
- Schedule A (Trust Property table), Schedule B (Trustees table), Schedule C (Beneficiaries / Objects table).
- Execution checklist (witnesses, notary/apostille steps for NRIs, video & medical certificate template where required).
- Compliance Pack: PAN, bank KYC, 12A/12AB/80G guidance, FCRA guidance (if applicable), annual audit & filing calendar.
- Digital Annex: crypto & digital assets binder (sealed envelope protocol & sample platform letter).
- One-page Risk & Litigation memo; one-line statutory footnotes beside core clauses.
Mandatory drafting instructions:
- Follow the Indian Trusts Act, 1882, for trustee duties and powers; cite the Act next to the trustee duties clause.
- For Public Trust Deed incorporate registration & audit clauses per the Maharashtra Public Trusts / Bombay Public Trusts Act — include forms & schedule references.
- Add a Tax Compliance clause that requires trustees to obtain 12A/12AB & 80G registration and explain revalidation rules; include a list of required documents.
- Add FCRA compliance clause if the Trust may accept foreign donations; require FCRA registration before any foreign funds are accepted.
- Include DPDP compliance clause, data protection duties and a digital assets operating SOP.
- Highlight state-specific stamp duty & registration uncertainties in RED and insert a “to be checked and inserted” line for the state where the deed will be executed.
- Mark all optional/negotiable language in YELLOW. Provide two fee options: fixed drafting fee + capped revision rounds.
After drafting, run a jurisdictional check for state stamp duty and the latest HC/SC dictum on trusts (2023–2025) and add any relevant footnotes.