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Home Bare Acts Phrase: trusteeOfficial Trustees Act, 1913 Part III
Title: Rights, Powers, Duties and Liabilities of Official Trustee
State: Central
Year: 1913
.....Trustee1[***] shall be required to verify otherwise than by his signature any petition presented by him under the provisions of this Act, and if the facts stated in any such petition are not within2[his personal knowledge] , the petition may be verified and subscribed by any person competent to make the verification. _________________________ 1. "or Deputy official Trustee" omitted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964. 2. Substituted for "the official trustee's personal knowledge" by the Official Trustees (Amendment), Act, 1964, w.e.f 25-12-1964. Section 14 - Entry Official Trustee not to constitute notice of a trust The entry of the Official Trustee by that name in the books of a company shall not constitute notice of a trust; and a company shall not be entitled to object to enter the name of the Official Trustee on its register by reason only that the Official Trustee is a corporation; and, in dealing with property, the fact that the person dealt with is the Official Trustee shall not of itself constitute notice of a trust.{ For s 14A, ins.for the former Province of Bengal, see the Official Trustees (Bengal Amendment) Act, 1941 (Ben.1 of.....
View Complete Act List Judgments citing this sectionOfficial Trustees Act, 1913 Complete Act
Title: Official Trustees Act, 1913
State: Central
Year: 1913
.....etc., how paid Section22 - Right of beneficiary to inspection and copies of accounts Part VI Section23 - Transfer of Government of accumulations in the hands of Official Trustee Section24 - Mode of proceeding by claimant to recover money so transferred Section25 - Power of High Court to make orders in respect of property vested in Official Trustee Section26 - Who may apply for order under Act Section27 - Order of Court to have effect of a decree Section28 - General power of administration Section29 - Transfer of trust property by Official Trustee to original trustee or any other trustee Section30 - Rules Section31 - Division of Presidency into Provinces Section32 - Saving of provisions of Indian Registration Act, 1908 Section32A - Saving Section32B - Special provision regarding certain Official trustees affected by States' reorganisation Section33 - [Repeals] Amending Act1 - OFFICIAL TRUSTEES (AMENDMENT) ACT, 1964
List Judgments citing this sectionOfficial Trustees Act, 1913 Section 11
Title: Power of Private Trustees to Appoint Official Trustee to Be Trustee to Be Trustee of Property
State: Central
Year: 1913
(1) If any property is subject to a trust other than a trust which the Official Trustee is prohibited from accepting under the provisions of this Act, and all the trustees or the surviving or continuing trustee or trustees and all persons beneficially interested in the trust are desirous that the Official Trustee shall be appointed be in the room of such trustee or trustees, it shall be lawful for such of trustee or trustees, by an instrument in writing to appoint the Official Trustee by that name or any other sufficient description with his consent to be the trustee of such property: Provided that the consent of the Official Trustee shall be recited in the said instrument and that such instrument shall be duly executed by him.(2) Upon such appointment such property shall vest in the Official trustee and shall be held by him upon the same trusts as the same was held previously to such appointment, and the previous trustee or trustees shall be exempt from all liability as trustees of such property save in respect of acts done before the date of such appoint
View Complete Act List Judgments citing this sectionOfficial Trustees Act, 1913 Part II
Title: The Office of Official Trustee
State: Central
Year: 1913
.....privileges and be subject to the same liabilities as the Official Trustee. 2["(2) No person shall be appointed as a Deputy unless he has been for at least three years- (a) an advocate; or (b) an attorney of a High Court; or (c) a member of the judicial service of a State.". ] ________________________ 1. Section 5 renumbered as sub-section (1) thereof by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964. 2. Inserted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964. Section 6 - Official Trustee to be corporation sole, to have perpetual succession and official seal, and to sue and be sued in his corporate name The Official Trustee shall be a corporation sole by the name of the Official Trustee of the { Subs by the A O; 1950 for " Division " which had been subs.by the A.O.1937 for "Presidency}[ State] for which he is appointed and, as such Official Trustee shall, have perpetual succession and an official seal, and may sue and be sued in his corporate name.
View Complete Act List Judgments citing this sectionOfficial Trustees Act, 1913 Section 7
Title: General Power and Duties of Official Trustee
State: Central
Year: 1913
.....the Court as any other trustee acting in the same (3) The Official Trustee may decline, either absolutely or except on such conditions as he may impose, to accept any trust. (4) The Official Trustee shall not accept any trust under any composition or scheme of arrangement for the benefit of creditors.nor of any estate known or believed by him to be insolvent. (5) The Official Trustee shall not, save as provided by any rules made under this Act, accept any trust for a religious purpose or any trust which involves the management or carrying on of any business. (6) The Official Trustee shall not administer the estate of a deceased person, unless he is expressly appointed sole executor of, and sole trustee under, the will of such person. (7) The Official Trustee shall always be sole trustee, and it shall not be lawful to appoint the Official Trustee to be trustee along with any other person.
View Complete Act List Judgments citing this sectionOfficial Trustees Act, 1913 Section 10
Title: Power of High Court to a Appoint Official Trustee to Be Trustee of Property
State: Central
Year: 1913
(1) If any property is subject to a trust other than a trust which the Official Trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the local limits of the ordinary or extraordinary original civil jurisdiction of the High Court willing or capable to act in the trust, the High Court may on application make an order for the appointment of the Official Trustee by that name with his consent to be the trustee of such property. (2) Upon such order such property shall vest in the Official Trustee and shall be held by him upon the same trusts as the same was held previously to such order, and the previous trustee or trustees (if any) shall be exempt from the liability as trustees of such property save in respect of acts done before the date of such order. (3) Nothing in this section shall be deemed to affect the provisions of1[***] the Indian Trusts Act, 1882 (2 of 1882. ). _______________________ 1. "The trustees" and Mortgages "Powers Act, 1866 (23 of 1866), or" omitted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964.
View Complete Act List Judgments citing this sectionOfficial Trustees Act, 1913 Amending Act 1
Title: Official Trustees (Amendment) Act, 1964
State: Central
Year: 1913
.....section (1) of section 12 of the principal Act, for the word "infant", the word "minor" shall be substituted. 9.Amendment of section 13.- In sub-section section (2) of section 13 of the principal Act,- (a) the words "or Deputy Official Trustee" shall be omitted; (b) for the words "the Official Trustee's personal knowledge", the words "his personal knowledge" shall be substituted. 10.Amendment of section 15.- In section 15 of the principal Act, the words "revenues of the ", wherever they occur, shall be omitted. 11.Amendment of section 17.- In section 17 of the principal Act,- (a) the proviso to sub-section (1) shall be omitted. (b) in sub-section (2), the words "the revenues of" shall be omitted. 12.Amendment of section 19.- In section 19 of the principal Act, for clause (a) of sub-section (2), the following clause shall be substituted , namely :- " (a) whether the accounts have been audited in the prescribed manner, and whether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which ought to be contained therein;". 13.Amendment of section 25.- In section 25 of the principal Act, for the word.....
View Complete Act List Judgments citing this sectionOfficial Trustees Act, 1913 Section 9
Title: Appointment of Official Trustee as Trustee by Will
State: Central
Year: 1913
When the Official Trustee has by that name or any other sufficient description been appointed trustee under any will, the executor of the will of { Subs.by Act 18 of 1919, section.2 and Sch.I.for "such testator".}[the testator] or the administrator of his estate shall, after obtaining probate or letters of administration, notify in the prescribed manner the contents of such will to such Official Trustee; and, if such Official Trustee consents to accept the trust, then upon the execution by such executor or administrator of an instrument in writing transferring the property subject to the trust to the Official Trustee, such property shall vest in such Official Trustee, and shall be held by him upon the trusts expressed in the said will: Provided that the consent of the Official Trustee shall be recited in the said instrument and that such instrument shall be duly executed by the Official Trustee.
View Complete Act List Judgments citing this sectionOfficial Trustees Act, 1913 Section 29
Title: Transfer of Trust Property by Official Trustee to Original Trustee or Any Other Trustee
State: Central
Year: 1913
(1) Nothing in this Act shall be deemed to prevent the transfer by the Official Trustee of any property vested in him to- (a) the original trustee (if any); or (b) any other lawfully appointed trustee; or : (c) any other person if the Court so directs. : (2) Upon such transfer such property shall vest in such trustee, and shall be held by him upon the same trusts as those upon which it was held prior to such transfer, and the Official Trustee shall be exempt from all liability as trustee of such property except in respect of acts done before such transfer: Provided that, in the case of any transfer under this section, the Official Trustee shall be entitled to retain out of the property any fees leviable in accordance with the provisions of this Act.
View Complete Act List Judgments citing this sectionOfficial Trustees Act, 1913 Section 12
Title: Executor or Administrator May Pay to Official Trustee Legacy, Share, Etc., of Minor or Lunatic
State: Central
Year: 1913
[12. Executor or administrator may pay to Official Trustee legacy, share, etc., of1[minor] or lunatic (1) If any1[minor] or lunatic is entitled to any gift, legacy or share of the assets of a deceased person, it shall be lawful for the person by whom such gift is made, or executor or administrator by of Whom such legacy or share is payable or transferable or any trustee leg of such gift, legacy or share, to transfer the same by an instrument in writing to the Official Trustee by that name or any other sufficient description with his consent: Provided that the consent of the Official Trustee shall be recited in the said instrument and that such instrument shall be duly executed by the Official Trustee. (2) Any money or property transferred to the Official Trustee under this section shall vest in him and shall be subject to the same provisions as are contained in this Act as to other property vested in such Official Trustee. ________________________ 1. Substituted for " infant" by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964.
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