Court : Supreme Court of India
Reported in : 2006(14)SCALE285
..... interpretation and application of the provisions of sections 25 and 26 of the official trustees act, 1913 (for short, 'the 1913 act') as also section 302 of the indian succession act, 1925 (for short, 'the succession act') falls for consideration in this appeal, which arises out of a judgment and order dated 21.12.1999 passed by a division bench of the calcutta ..... questions which in view of the rival contentions of the parties arise for consideration are:a) whether the application made by the respondent under the official trustee act, 1925 to the calcutta high court was maintainable?b) whether the defect of unregistered document assigning lease of immovable property stood cured by registration ..... ray, that this court therein observed that the official trustees act does not envisage any application moved by a person other than the one who was beneficially interested in any trust property or any trustee thereof, but no occasion arose therein for consideration as to what would be the true meaning and purport of the expression 'beneficially ..... the province of the official trustee to deal with the property in any manner, he thought it fit, subject, of course, to any direction which could be issued by the high court in exercise of its jurisdiction under section 302 of the succession act and section 13 of the 1913 act. ..... of the official trustee are governed by part iii of the 1913 act. ..... 1913 act was enacted to consolidate and amend the law constituting the office of official trustee .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All350
..... present case appointing the official trustee as sole executor consequently the submission made on behalf of administrator general to administer the estate of the deceased in his capacity as the official trustee under the official trustees act, 1913 cannot be accepted.14 ..... general act, the petition would not he maintainable as the next of kin are available and the case for grant of letters of administration with the will annexed is pending before the court below yet by virtue of the provisions of section 10 of the official trustees act, this court is empowered to grant letters of administration to the administrator general as official trustee he-cause the property in question is subject of a trust and the trustees are not capable to act for ..... that apart, as there is no application as envisaged under section 10 of the official trustees act for appointment of the official trustee for managing the trust, as already seen above, the application was filed for grant ..... application by the administrator general was not maintainable for the reasons stated above and further that the provisions of section 10 of the official trustees act were not attracted to the facts of the present case. ..... appropriation of the trust property against sharad chand and sanjay kumar sons of the alleged deceased managing trustee, it is apparent therefore, that the trustees are incapable of acting in the interest of the trust and consequently the provisions of section 10 of the official trustees act are attracted. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR100; 2007(3)BomCR7
..... of the high court disposed of the said application by treating the same as one under official trustees act, 1913. ..... grant of long term lease in respect of the said property and exercise of supervisory jurisdiction of high court under section 25 of the official trustees act, 1913. ..... may make such orders as it thinks fit respecting any trust property vested in the official trustee, or the income or produce thereof.section 26 of the said act of 1913 provides that an order under section 25 may be made on the application of any person beneficially interested in any trust property or by any trustee of the trust. ..... matter of exercise of it supervisory jurisdiction under section 25 of the act the high court has to be guided by the same consideration which governs the administration of trust property by the official trustee, namely, 'to make the trust get the maximum advantage of a ..... official trustee while referring to the duties of official trustee, it has been held:so long as the property is vested in the official trustee, it will be the duty of the official trustee to take such steps and conduct himself in such a manner as to make the trust get the maximum advantage of any transaction without prejudice to the security and safety of the ..... the division bench of the high court has held that although the official trustee, if he were to lease out the property, should have done so by public auction but since lease was being granted under order passed by the high court after being satisfied that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All341
..... that unless there is a direction by the court or anorder by the court within the meaning of sections 29 and 25 of the official trustees act, 1913, no trust property can be transferred by the official trustee. 19. ..... section 25 of the official trustees act, 1913 read with section 25 of the administrators general act, 1963. ..... section 25 of the official trustees act, 1913. ..... is the official trustee under the official trustees act became the trustee of the ..... of the official trustees act makes it clear that the high court may make such orders as it thinks fit respecting, any trust property vested in the official trustee or the income ..... contentions raised before me it would be proper to refer to the specific provisions in the administrators general act and the official trustees act. ..... the above that the high court has very wide powers under section 25 of the official trustees act. 14. ..... official trustees act ..... the applicant then stated that the managing committee arya samaj, meerut, the district magistrate, meerut as well as the official trustee completely mismanaged the trust inasmuch as they varied the scheme of the trust as created by the testator without any valid order of the competent court and gave financial help ..... section 29 also says that nothing in this act shall be deemed to prevent the transfer by the official trustee of any property vested in him to any other ..... if the official trustee is of the opinion that the property should be sold and it would be a prudent act to do so, he would certainly .....
Tag this Judgment!Court : Chennai
Reported in : (1980)16CTR(Mad)238; [1979]120ITR271(Mad)
..... examining the terms of the will and the provisions of the official trustees act, 1913, allowed the assessee's appeals by common order dated august 30, 1974, holding that where the official trustee is appointed as a trustee by a testator under his will, there is no question of an executor functioning at all that even if there is any executor he has to transfer the properties subject to the trust after obtaining the probate of the will to the trustee, that the directions contained in the will regarding the sale ..... section 7 of the official trustees act, 1913, refers to the powers, duties and privileges of the official trustee which he has to exercise subject to the control and supervision of the court. ..... the assessee applied to the high court of madras for the probate of the aforesaid will of the deceased under section 222 of the indian succession act, 1925, read with section 7(6) of the official trustees act, 1913, in o.p. no. ..... having regard to the view expressed in the above authorities and in the face of sections 7(6) and 9 of the official trustees act, it appears to be quite clear that though the official trustee has been appoint both as sole executor and as sole trustee, the executorship must automatically come to an end on his obtaining the probate, that the taking out of probate by the official trustee should be taken to be an act of acceptance of the trusteeship and that on the date of the obtaining of the probate the trust had come .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC823; [1969]3SCR92
..... had jurisdiction to pass certain orders either under the indian trust act, 1882 or under the official trustees act, 1913 or under thetrustees and mortgages powers act, 1866 or under his inherent power is not conclusive of ..... averments made in the application, it is clear that relief was sought under the provisions of the indian trusts act (central act 2 of 1882) and the official trustees act (central act 2 of 1913). ..... jurisdiction to passthe order in question under section 10(1) of the official trusteesact, 1913 which reads : 'if any property is subject to trust other than atrust which the official trustee is prohibited fromaccepting under the provisions of this act, and thereis no trustee within the local limits of the ordinary orextraordinary original civil jurisdiction of the highcourt willing or capable to act in the trust, the high court may on application make an order for theappointment of the official trustee by that name withhis consent to be the ..... applicant as such settlor as aforesaid be at liberty to alterthe said quantum of interest in such manner as he maythink proper by deed inter vivos and not by will andit is further ordered that the said applicant thepresent sole trustee under the said deed of trust be and is hereby discharged from further acting as suchtrustee and the official trustee of bengal be and ishereby appointed the sole ..... facts of this case we see no justification for treating the official trustee as a trustee de-son-tort and to require him to account as such. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44
..... high court examined the provisions of the administrators-general act, 1963 and the official trustees act, 1913 and held as under:it appears to be quite clear that though the official trustee has been appointed both as sole executor and as sole trustee, the executorships must automatically come to an end on his obtaining the probate, that the taking out of probate by the official trustee should be taken to be an act of acceptance of the trusteeship and that on the date of the obtaining of the probate the trust had come ..... into existence and the properties had vested in the official trustee.17. ..... official trustee applied for the probate of the will of ethiraj under section 222 of the indian succession act read with section 7(6) of the official trustees act, 1913. .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT1(HC)
..... section 302 of the indian succession act as well as the official trustees act, 1913 in which the official trustee was a party. ..... the appellant's application either under the official trustees act, 1913 or under the indian succession act, 1925. 37. ..... the official trustees act, 1913 provides ..... according to the official trustee, under section 302 of the indian succession act read with section 25 of the official trustees act no complicated question of fact or law could have been raised or decided nor was any ..... apart from the fact that the issue is barred by acquiescence and res judicata and that this court cannot allow the official trustee who had deliberately chosen a position in the earlier application 'to reprobate and to blow hot now when he was blowing cold before' [ ..... according to the appellant the official trustee was acting at the behest of a ..... official trustee then sought to take recourse of section 17 of the limitation act, 1963 by alleging that the appellant had acted ..... the earlier application the official trustee had said : 'this being a lease for more than 21 years, the west bengal premises tenancy act does not have any application thereto and none of the occupants in the said premises who has derived title from or through the head lease would not be entitled to any protection against eviction under the west bengal premises tenancy act, 1956.'58. ..... the official trustee's submission that the high court lacked jurisdiction to entertain the application under the indian succession act, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2005(11)SC277; 2004(10)SCALE22; (2005)1SCC457
..... high court on the above findings and conclusions modified the decree granted by the courts below and directed that as the property belongs to a public trust with no scheme provided for its management through appointed trustees, the administrator-general under act 45 of 1963 and official trustees act 1913 should take over the management of the trust.8. ..... a and b schedule properties are 'dharmachatram' and it is a public trust, and the administrator general and official trustee of madras is directed to take delivery of possession of the suit property consisting of the plaint a and b schedule properties through the process of court before the subordinate judge's court at chengalpattu, and the administrator general and official trustee of madras is directed to administer the suit property as a public trust property in accordance with the provisions of the administrator general act 45/63 and the official trustees act 2/1913. ..... section 10 of the official trustees act from its contents shows that it is applicable only in relation to a property subject to a trust for which there is no trustee available within the local limits of the jurisdiction of the high court. ..... 45 of 1963 and a official trustee under official trustee act no. ..... 45 of 1963 and the official trustee of madras under official trustees act no. ..... 45 of 1963 or official trustee under act no. ..... 93 of 1985 immediately to the administrator general and official trustee at madras and to the subordinate judge's court at chengalpattu.'9. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1472; JT1993(1)SC592; 1993(1)SCALE566; 1993Supp(3)SCC509; [1993]1SCR380
..... of the official trustees act, 1913 states that28. ..... (2) nothing in sub-section (1) shall be deemed to render the government or any official trustee appointed under this act liable for anything done by or under the authority of any official trustee before the commencement of this act.in view of these provisions, it is clear that the appellant could not be made personally liable for the breach of trust committed ..... to make good all sums required to discharge any liability which the official trustee, if he were a private trustee, would be personally liable to discharge, except when the liability is one to which neither the official trustee nor any of his officers has in any way contributed or which neither he nor any of his officers could by the exercise of reasonable diligence have averted, and in either of those cases the official trustee shall not, nor shall the government be subject to any liability. ..... the learned judge further held that the official trustee had not placed all the facts before the court and had also acted in an irresponsible manner in demolishing the building, and hence the relief prayed for court not ..... however, section 15 of the same act absolves an official trustee from any personal liability in the event of a breach of trust committed ..... the report also stated that the junior engineer attached to the office of the official trustee was only a technical officer not having the benefit of the services of a technical assistant and, therefore, the services of an architect .....
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